"CHATURVEDI & PITHISARIA'S INCOME TAX LAW-an eagerly awaited work- surpasses any comparable book in its detailed, reliable, authentic and thorough coverage of law of income-tax. No other book includes as many decided cases or sets them out in such detail in the text, or contains more detailed and exhaustive discussion and elaboration of the legislative provisions, the principles and the decided cases. This work fulfills two-fold purpose-to give a logical, brilliant and systematized analysis of the principles and full and practical guidance to this law."Replacement Series - Scheme of new system of replacing volumes : The new edition has been published containing the same number of sections as contained in each volume of the last edition (like volume 1 of last edition contained commentary on secs. 1 to 35E so also volume 1 of new edition will contain updated commentary on secs. 1 to 35E and so on) so that customers can keep on replacing volumes of the last edition with the new volumes of the new edition and keep their set always complete. "Volumes updated till the date of release - Statute Law : Each Volume gives the statute law as amended upto the date of its publication and gives the case law upto and including the latest volume of the volume of ITR published . Judicial Decisions : More than 60000 judicial decisions are given in a set of 6 volumes and have been discussed elaborately with exhaustive and comprehensive elucidation covering more than 51000 headings and sub-headings. Almost all cases reported in ITR, Tax LR, AIR, CTR, Taxation and Taxman and other law journals progressively till the date of publication of each volume have been incorporated at appropriate places. ""New Case Law and Additional Comments : About 3500 pages are added in the new edition discussing nearly 10000 additional judicial decisions reported during the last 9 years from the date of publication of each volume of the earlier edition. Departmental Circulars : All the departmental circulars, notifications and press notes issued by the C.B.D.T. and Ministry of Finance from time to time till the date of publication of each volume have been specially extracted at appropriate places showing wherever necessary, their relevancy in the present state of law. Rules and Forms : Besides, relative rules and forms other allied provisions have been indicated, explained and/or extracted at appropriate places. ""Tax Planning, Tax Management, Corporate Taxation : Entire system of Tax Planning, Tax Management including Corporate Taxation explained with lucidity and clarity with profuse illustrations, problems and solutions. The set remains a very selective choice against stiff competition in the market for its lucid and yet brilliant exposition of different aspects and principles of the law. "
Contents of Volume 5
The Income-tax Act, 1961
(43 of 1961)
ARRANGEMENT OF SECTIONS
CHAPTER XIX-B : ADVANCE RULINGS
SECTION PAGE
245N. Definitions ... 7459
245O. Authority for Advance Rulings ... 7465
245P. Vacancies, etc., not to invalidate proceedings ... 7466
245Q. Application for advance ruling ... 7466
245R. Procedure on receipt of application ... 7468
245RR. Appellate authority not to proceed in certain cases ... 7481
245S. Applicability of advance ruling ... 7481
245T. Advance ruling to be void in certain circumstances ... 7482
245U. Powers of the Authority ... 7483
245V. Procedure of Authority ... 7484
CHAPTER XX : APPEALS AND REVISION
SECTION PAGE
A.—Appeals to the Deputy Commissioner (Appeals) and Commissioner (Appeals)
246. Appealable orders ... 7492
246A. Appealable orders before Commissioner (Appeals) ... 7593
247. [Omitted] ... 7602
248. Appeal by person denying liability to deduct tax ... 7605
249. Form of appeal and limitation ... 7607
250. Procedure in appeal ... 7636
251. Powers of the Commissioner (Appeals) ... 7655
SECTION PAGE
B.—Appeals to the Appellate Tribunal
252. Appellate Tribunal ... 7691
253. Appeals to the Appellate Tribunal ... 7704
254. Orders of Appellate Tribunal ... 7740
255. Procedure of Appellate Tribunal ... 7867
C.—Reference to High Court
256. Statement of case to the High Court ... 7877
257. Statement of case to Supreme Court in certain cases ... 7982
258. Power of High Court or Supreme Court to require statement to be amended
... 7986
259. Case before High Court to be heard by not less than two judges
... 7995
260. Decision of High Court or Supreme Court on the case stated
... 7997
CC.—Appeals to High Court
260A. Appeal to High Court ... 8095
260B. Case before High Court to be heard by not less than two judges ... 8108
D.—Appeals to the Supreme Court
261. Appeal to Supreme Court ... 8108
262. Hearing before Supreme Court ... 8109
E.—Revision by the Commissioner
263. Revision of orders prejudicial to revenue ... 8179
264. Revision of other orders ... 8251
F.—General
265. Tax to be paid notwithstanding reference, etc. ... 8286
266. Execution for costs awarded by Supreme Court ... 8289
267. Amendment of assessment on appeal ... 8289
268. Exclusion of time taken for copy ... 8291
269. Definition of “High Court” ... 8296
CHAPTER XXA : ACQUISTION OF IMMOVABLE PROPERTIES IN CERTAIN CASES OF TRANSFER TO COUNTERACT EVA-SION OF TAX
SECTION PAGE
269A. Definitions ... 8303
269AB. Registration of certain transactions ... 8353
269B. Competent authority ... 8358
269C. Immovable property in respect of which proceedings for acquisition may be taken
... 8361
SECTION PAGE
269D. Preliminary notice ... 8379
269E. Objections ... 8393
269F. Hearing of objections ... 8396
269G. Appeal against order for acquisition ... 8402
269H. Appeal to High Court ... 8411
269-I. Vesting of property in Central Government ... 8414
269J. Compensation ... 8422
269K. Payment or deposit of compensation ... 8429
269L. Assistance by Valuation Officers ... 8433
269M. Powers of competent authority ... 8441
269N. Rectification of mistakes ... 8442
269-O. Appearance by authorised representative or registered valuer
... 8442
269P. Statement to be furnished in respect of transfers of immovable property
... 8443
269Q. Chapter not to apply to transfers to relatives ... 8445
269R. Properties liable for acquisition under this Chapter not to be acquired under other laws
... 8446
269RR. Chapter not to apply where transfer of immovable property made after a certain date
... 8446
269S. Chapter not to extend to State of Jammu and Kashmir ... 8447
CHAPTER XXB : REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX
SECTION PAGE
269SS. Mode of taking or accepting certain loans and depos-its ... 8448
269T. Mode of repayment of certain deposits ... 8455
269TT. Mode of repayment of Special Bearer Bonds, 1991 ... 8462
CHAPTER XXC : PURCHASE BY CENTRAL GOVERNMENT OF IM-MOVABLE PROPERTIES IN CERTAIN CASES OF TRANS-FER
SECTION PAGE
269U. Commencement of Chapter ... 8468
269UA. Definitions ... 8476
269UB. Appropriate authority ... 8486
269UC. Restrictions on transfer of immovable property ... 8494
269UD. Order by appropriate authority for purchase by Central Government of immovable property
... 8508
SECTION PAGE
269UE. Vesting of property in Central Government ... 8556
269UF. Consideration for purchase of immovable property by Central Government
... 8571
269UG. Payment or deposit of consideration ... 8572
269UH. Re-vesting of property in the transferor on failure of payment or deposit of consideration
... 8583
269UI. Powers of the appropriate authority ... 8586
269UJ. Rectification of mistakes ... 8586
269UK. Restrictions on revocation or alteration of certain agreements for the transfer of immovable property or on transfer of certain immovable property
... 8587
269UL. Restrictions on registration, etc., of documents in respect of transfer of immovable property
... 8588
269UM. Immunity to transferor against claims of transferee for transfer
... 8592
269UN. Order of appropriate authority to be final and conclu-sive ... 8593
269UO. Chapter not to apply to certain transfers ... 8593
CHAPTER XXI : PENALTIES IMPOSABLE
SECTION PAGE
270. [Omitted] ... 8595
271. Failure to furnish returns, comply with notices, concealment of income, etc.
... 8596
271A. Failure to keep, maintain or retain books of account, documents, etc.
... 8796
271B. Failure to get accounts audited ... 8799
271BB. Failure to subscribe to the eligible issue of capital ... 8802
271C. Penalty for failure to deduct tax at source ... 8803
271D. Penalty for failure to comply with the provisions of section 269SS
... 8805
271E. Penalty for failure to comply with the provisions of section 269T
... 8807
271F. Penalty for failure to furnish return of income ... 8808
272. [Omitted] ... 8809
272A. Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc.
... 8810
272AA. Penalty for failure to comply with the provisions of section 133B ... 8820
272B. [Omitted] ... 8821
SECTION PAGE
272BB. Penalty for failure to comply with the provisions of section 203A
... 8822
273. False estimate of, or failure to pay, advance tax ... 8823
273A. Power to reduce or waive penalty, etc., in certain cases ... 8852
273B. Penalty not to be imposed in certain cases ... 8902
274. Procedure ... 8904
275. Bar of limitation for imposing penalties ... 8927
CHAPTER XXII : OFFENCES AND PROSECUTIONS
SECTION PAGE
275A. Contravention of order made under sub-section (3) of section 132
... 8942
276. Removal, concealment, transfer or delivery of property to thwart tax recovery
... 8943
276A. Failure to comply with the provisions of sub-sections (1) and (3) of section 178
... 8946
276AA. [Omitted] ... 8947
276AB. Failure to comply with the provisions of sections 269UC, 269UE and 269UL
... 8948
276B. Failure to pay tax to the credit of Central Government under Chapter XII-D or XVII-B
... 8949
276BB. Failure to pay the tax collected at source ... 8966
276C. Wilful attempt to evade tax, etc. ... 8966
276CC. Failure to furnish returns of income ... 8975
276CCC. Failure to furnish return of income in search cases ... 8981
276D. Failure to produce accounts and documents ... 8981
276DD. [Omitted] ... 8984
276E. [Omitted] ... 8987
277. False statement in verification, etc. ... 8989
278. Abetment of false return, etc. ... 9014
278A. Punishment for second and subsequent offences ... 9017
278AA. Punishment not to be imposed in certain cases ... 9018
278B. Offences by companies ... 9019
278C. Offences by Hindu undivided families ... 9039
278D. Presumption as to assets, books of account, etc., in certain cases
... 9040
278E. Presumption as to culpable mental state ... 9041
279. Prosecution to be at instance of Chief Commissioner or Commissioner
... 9044
SECTION PAGE
279A. Certain offences to be non-cognizable ... 9125
279B. Proof of entries in records or documents ... 9125
280. Disclosure of particulars by public servants ... 9126
NOTE: Chapter XXII, section 281, onwards continued in Volume 6. [Also given omitted Chapters XXIIA and XXIIB.]
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