Amendment of section 155

Section 66 of the Finance Act, 2003 deals with amendment of section 155. Amendment of section 155. 66. In section 155 of the Income-tax Act, after sub-section (15) and before the Explanation, the following sub-sections shall be inserted with effect from the 1st day of April, 2004, namely:— "(16) Where in the assessment for any year, a capital gain aris­ing from the trans

Amendment of section 155.

66. In section 155 of the Income-tax Act, after sub-section (15) and before the Explanation, the following sub-sections shall be inserted with effect from the 1st day of April, 2004, namely:—

"(16) Where in the assessment for any year, a capital gain aris­ing from the transfer of a capital asset, being a transfer by way of compulsory acquisition under any law, or a transfer, the con­sideration for which was determined or approved by the Central Government or the Reserve Bank of India, is computed by taking the compensation or consideration as referred to in clause (a) or, as the case may be, the compensation or consideration en­hanced or further enhanced as referred to in clause (b) of sub-section (5) of section 45, to be the full value of consideration deemed to be received or accruing as a result of the transfer of the asset and subsequently such compensation or consideration is reduced by any court, Tribunal or other authority, the Assessing Officer shall amend the order of assessment so as to compute the capital gain by taking the compensation or consideration as so reduced by the court, Tribunal or any other authority to be the full value of consideration; and the provisions of section 154 shall, so far as may be, apply thereto, and the period of four years shall be reckoned from the end of the previous year in which the order reducing the compensation was passed by the court, Tribunal or other authority.

(17) Where a deduction has been allowed to an assessee in any assessment year under section 80RRB in respect of any patent, and subsequently by an order of the Controller or the High Court under the Patents Act, 1970 (39 of 1970),—

(i ) the patent was revoked, or

(ii ) the name of the assessee was excluded from the patents register as patentee in respect of that patent,

the deduction from the income by way of royalty attributable to the period during which the patent had been revoked or the period for which the assessee’s name was excluded as patentee in respect of that patent, shall be deemed to have been wrongly allowed and the Assessing Officer may, notwithstanding anything contained in this Act, recompute the total income of the assessee for the relevant previous year and make necessary amendment; and the provisions of section 154 shall, so far as may be, apply thereto, the period of four years specified in sub-section (7) of that section being reckoned from the end of the previous year in which such order of the Controller referred to in clause (b) of sub-section (1), or the High Court referred to in clause (i) of sub-section (1) of section 2, of the Patents Act, 1970 (39 of 1970), as the case may be, was passed.".

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Section 66, The Finance Act, 2003.