India - Income Tax Act 2010 - Saarc

1.725 CH. XV - LIABILITY IN SPECIAL CASES - PROFITS OF NON-RESIDENTS S. 172non-resident, which carries passengers, livestock, mail or goods shipped at a portin India 75 [***].(2) Where such a ship carries passengers, livestock, mail or goods shipped at aport in India, 76 [seven and a half] per cent of the amount paid or payable onaccount of such carriage to the owner or the charterer or to any person on hisbehalf, whether that amount is paid or payable in or out of India, shall be deemedto be income accruing in India to the owner or charterer on account of suchcarriage.(3) Before the departure from any port in India of any such ship, the master ofthe ship shall prepare and furnish to the 77 [Assessing] Officer a return of the fullamount paid or payable to the owner or charterer or any person on his behalf,on account of the carriage of all passengers, livestock, mail or goods shipped atthat port since the last arrival of the ship thereat:Provided that where the 77 [Assessing] Officer is satisfied that it is not possible forthe master of the ship to furnish the return required by this sub-section beforethe departure of the ship from the port and provided the master of the ship hasmade satisfactory arrangements for the filing of the return and payment of thetax by any other person on his behalf, the 77 [Assessing] Officer may, if the returnis filed within thirty days of the departure of the ship, deem the filing of thereturn by the person so authorised by the master as sufficient compliance withthis sub-section.(4) On receipt of the return, the 77 [Assessing] Officer shall assess the incomereferred to in sub-section (2) and determine the sum payable as tax thereon atthe rate or rates 78 [in force] applicable to the total income of a company whichhas not made the arrangements referred to in section 194 and such sum shall bepayable by the master of the ship.79[(4A) No order assessing the income and determining the sum of tax payablethereon shall be made under sub-section (4) after the expiry of nine months fromthe end of the financial year in which the return under sub-section (3) isfurnished:Provided that where the return under sub-section (3) has been furnished beforethe 1st day of April, 2007, such order shall be made on or before the 31st day ofDecember, 2008.](5) For the purpose of determining the tax payable under sub-section (4), the80[Assessing] Officer may call for such accounts or documents as he may require.75. “unless the Income-tax Officer is satisfied that there is an agent of the non-resident fromwhom the tax will be recoverable under the other provisions of this Act” omitted by theFinance Act, 1975, w.e.f. 1-6-1975.76. Substituted for “one-sixth”, ibid.77. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.78. Substituted for “for the time being” by the Finance (No. 2) Act, 1967, w.e.f. 1-4-1967.79. Inserted by the Finance Act, 2007, w.e.f. 1-4-2007.80. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.