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India - Income Tax Act 2010 - Saarc

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S. 230 I.T. ACT, 1961 1.810(1A) Subject to such exceptions as the Central Government may, by notificationin the Official Gazette, specify in this behalf, every person, who is domiciled in<strong>India</strong> at the time of his departure from <strong>India</strong>, shall furnish, in the prescribedform 43 to the income-tax authority or such other authority as may be prescribed44 —(a) the permanent account number allotted to him under section 139A:Provided that in case no such permanent account number has beenallotted to him, or his total income is not chargeable to income-tax orhe is not required to obtain a permanent account number under this<strong>Act</strong>, such person shall furnish a certificate in the prescribed form;(b) the purpose of his visit outside <strong>India</strong>;(c) the estimated period of his stay outside <strong>India</strong>:45Provided that no person—(i) who is domiciled in <strong>India</strong> at the time of his departure; and(ii) in respect of whom circumstances exist which, in the opinion of anincome-tax authority render it necessary for such person to obtain acertificate under this section,shall leave the territory of <strong>India</strong> by land, sea or air unless he obtains a certificatefrom the income-tax authority stating that he has no liabilities under this <strong>Act</strong>, orthe Wealth-tax <strong>Act</strong>, 1957 (27 of 1957), or the Gift-tax <strong>Act</strong>, 1958 (18 of 1958), or theExpenditure-tax <strong>Act</strong>, 1987 (35 of 1987), or that satisfactory arrangements havebeen made for the payment of all or any of such taxes which are or may becomepayable by that person :Provided* that no income-tax authority shall make it necessary for any personwho is domiciled in <strong>India</strong> to obtain a certificate under this section unless herecords the reasons therefor and obtains the prior approval of the ChiefCommissioner of <strong>Income</strong>-tax.](2) If the owner or charterer of any ship or aircraft carrying persons from anyplace in the territory of <strong>India</strong> to any place outside <strong>India</strong> allows any person towhom sub-section (1) 46 [or the first proviso to sub-section (1A)] applies to travelby such ship or aircraft without first satisfying himself that such person is inpossession of a certificate as required by that sub-section, he shall be personallyliable to pay the whole or any part of the amount of tax, if any, payable by suchperson as the 47 [Assessing] Officer may, having regard to the circumstances ofthe case, determine.(3) In respect of any sum payable by the owner or charterer of any ship or aircraftunder sub-section (2), the owner or charterer, as the case may be, shall be43. See rule 43(3) and Form No. 30C.44. See rule 42(2).45. See rule 43(4)/(5) and Form Nos. 31 & 33.46. Inserted by the <strong>Tax</strong>ation Laws (Amendment) <strong>Act</strong>, 2003, w.r.e.f. 1-6-2003.47. Substituted for “<strong>Income</strong>-tax” by the Direct <strong>Tax</strong> Laws (Amendment) <strong>Act</strong>, 1987, w.e.f.1-4-1988.*Word “further” should occur after the word “Provided”.

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