{"act":{"id":"finance-act-2008","short_title":"The Finance Act, 2008","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2008-2009.","act_number":null,"act_year":2008,"enact_date":null,"enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":71,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2008/"},"unit":"section","section":{"number":"23","heading":"Amendment of section 115JB","text":"Amendment of section 115JB. 23. In section 115JB of the Income-tax Act, after sub-section (2),— (a ) the Explanation shall be numbered as Explanation 1 and in Explanation 1 as so numbered, after clause (g), for the portion beginning with the words \"if any amount referred\" and ending with the words \"as reduced by—\", the following shall be substituted and shall be deemed to have been substituted with effect from the 1st day of April, 2001, namely:— \"(h) the amount of deferred tax and the provision therefor, if any amount referred to in clauses (a) to (h) is debited to the profit and loss account, and as reduced by—\"; (b ) in Explanation 1 as so numbered, after clause (vii), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2001, namely:— \"(viii) the amount of deferred tax, if any such amount is credited to the profit and loss account.\"; (c ) after Explanation 1 as so numbered, the following shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2001, namely:— \" Explanation 2.— For the purposes of clause (a) of Explanation 1, the amount of income-tax shall include— (i) any tax on distributed profits under section 115-O or on distri-buted income under section 115R; (ii) any interest charged under this Act; (iii) surcharge, if any, as levied by the Central Acts from time to time; (iv) Education Cess on income-tax, if any, as levied by the Central Acts from time to time; and (v) Secondary and Higher Education Cess on income-tax, if any, as levied by the Central Acts from time to time.\". © Copyright. Taxmann Publications Pvt. Ltd.","html":"<p><b>Amendment of section 115JB.</b></p><p><b>23.</b> In section 115JB of the Income-tax Act, after sub-section (2),—</p><p>(<i>a</i> ) the <i>Explanation</i> shall be numbered as <i>Explanation 1</i> and in <i>Explanation 1</i> as so numbered, after clause (<i>g</i>), for the portion beginning with the words \"if any amount referred\" and ending with the words \"as reduced by—\", the following shall be substituted and shall be deemed to have been substituted with effect from the 1st day of April, 2001, namely:—</p><p>\"(<i>h</i>) the amount of deferred tax and the provision therefor,</p><p>if any amount referred to in clauses (<i>a</i>) to (<i>h</i>) is debited to the profit and loss account, and as reduced by—\";</p><p>(<i>b</i> ) in <i>Explanation 1 </i>as so numbered, after clause (<i>vii</i>), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2001, namely:—</p><p>\"(<i>viii</i>) the amount of deferred tax, if any such amount is credited to the profit and loss account.\";</p><p>(<i>c</i> ) after <i>Explanation 1</i> as so numbered, the following shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2001, namely:—</p><p>\" <i>Explanation 2.</i>— For the purposes of clause (<i>a</i>) of <i>Explanation 1,</i> the amount of income-tax shall include—</p><p>(<i>i</i>) any tax on distributed profits under section 115-O or on distri-buted income under section 115R;</p><p>(<i>ii</i>) any interest charged under this Act;</p><p>(<i>iii</i>) surcharge, if any, as levied by the Central Acts from time to time;</p><p>(<i>iv</i>) Education Cess on income-tax, if any, as levied by the Central Acts from time to time; and</p><p>(<i>v</i>) Secondary and Higher Education Cess on income-tax, if any, as levied by the Central Acts from time to time.\".</p><p>© Copyright. Taxmann Publications Pvt. Ltd.</p>","words":292,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2008/section/23/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}