Amendment of section 245C

Section 60 of the Finance Act, 1987 deals with amendment of section 245C. Amendment of section 245C 60. In section 245C of the Income-tax Act, with effect from the 1st day of June, 1987,— (i) in sub-section (1), for the proviso, the following proviso shall be substituted, namely:— "Provided that no such application shall be made unless,— (a) the assessee has furnished the

Amendment of section 245C

60. In section 245C of the Income-tax Act, with effect from the 1st day of June, 1987,—

(i) in sub-section (1), for the proviso, the following proviso shall be substituted, namely:—

"Provided that no such application shall be made unless,—

(a) the assessee has furnished the return of income which he is or was required to furnish under any of the provisions of this Act; and

(b) the additional amount of income-tax payable on the income disclosed in the application exceeds fifty thousand rupees.";

(ii) for sub-sections (1B)and (1C), the following sub-sections shall be substituted, namely:—

"(1B)Where the income disclosed in the application relates to only one previous year,—

(i) if the applicant has not furnished a return in respect of the total income of that year (whether or not an assessment has been made in respect of the total income of that year), then, except in a case covered by clause (iii), tax shall be calculated on the income disclosed in the application as if such income were the total income;

(ii) if the applicant has furnished a return in respect of the total income of that year (whether or not an assessment has been made in pursuance of such return), tax shall be calculated on the aggregate of the total income returned and the income disclosed in the application as if Such aggregate were the total income;

(iii) if the proceeding pending before the income-tax authority is in the nature of a proceeding for re-assessment of the applicant under section 147 or by way of appeal or revision in connection with such re-assessment and the applicant has not furnished a return in respect of the total income of that year in the course of such proceeding for re-assessment, tax shall be calculated on the aggregate of the total income as assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147 and the income disclosed in the application as if such aggregate were the total income.

(1C)The additional amount of income-tax payable in respect of the income disclosed in the application relating to the previous year referred to in sub-section (1B)shall be,—

(a) in a case referred to in clause (i) of that sub-section, the amount of tax calculated under that clause;

(b) in a case referred to in clause (ii) of that sub-section, the amount of tax calculated under that clause as reduced by the amount of tax calculated on the total income returned for that year;

(c) in a case referred to in clause (iii) of that subsection the amount of tax calculated under that clause as reduced by the amount of tax calculated on the total income assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147,".

[Finance Act, 1987]

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Section 60, The Finance Act, 1987 (Act 11 of 1987).