SUPER PROFITS TAX RULES, 1963
RULE 01: SHORT TITLE
These rules may be called the Super Profits Tax Rules, 1963.
RULE 02: DEFINITIONS
(1) In these rules, unless the context otherwise requires,
(i) "the Act " means the Super Profits Tax Act, 1963 (14 of 1963)
(ii) " applied section " means a section of the Income-tax Act, 1961 (43 of 1961)-, as applied by section 19-of the Act and rule 3-;
(iii) " the applied Second Schedule " means the Second Schedule of the Income-tax Act, 1961-, as applied by section 19-of the Act and rule 3-;
(iv) " the applied Third Schedule " means the Third Schedule of the Income-tax Act, 1961-, as applied by section 19-of the Act and rule 3-;
(v) in the applied sections and in the applied Second Schedule, " the Act " means the Super Profits Tax Act, 1963 (14 of 1963)-.
(2) All references to " Forms " in these rules shall be construed as references to the forms set out in the Appendix hereto.
RULE 03: ADAPTATIONS OF INCOME-TAX ACT, 1961
The provisions of sections 2(44)-,131-,132-,133-,134-,135-,136-,137-,138-(both inclusive),140- ,156-,160-,161-,162-,163-,166-,167-,170-,173-,175-,176-,178-,179-,220-,221-,222-,223-,224-,225-,226-,227-,228-,229-(both inclusive),231-,232-,233-,237-,238-,239-,240-,241-,242-,243-,244-,245-(both inclusive),254-,255-,256-,257-,258-,259-,260-,261-,262-(both inclusive),265-,266-,267-,268-,269-(both inclusive),281-,282-,284-,286-,287-,288-,289-,290-,291-,292-,293-(both inclusive), the Second Schedule-and the Third Schedule of the Income-tax Act, 1961 (43 of 1961)-, shall apply with the following modifications, namely:-
General modifications.---
(i) All references to “this Act ", except those in clause (vii) of sub-section (2), sub-section (3) and clause (b) of sub-section (4) of section 288, shall be construed as references to " the Act ";
(ii) All references to " income-tax ", except those,---
(a) in the expressions " Income-tax Officer " and " Income-tax Act", wherever they occur;
(b) in the expression "Income-tax Department" occurring in clause (vii) of sub-section (3) of section 137;
(c) in the expression "Income-tax practitioner" occurring in clause (vii) of sub-section (2) of section 288 ;
(d) in the expression "Income-tax authority" occurring in sub-section (3) of section 288 ; and
(e) in the expressions "Income-tax proceeding" and " Income-tax proceedings " occurring respectively in clause (b) of subsection
(4) and clause (b) of sub-section (5) of section 288; shall be construed as references to " super profits tax ";
(iii) All references to "tax", except those in clause (xii) and clause (xiii) of sub-section (3) of section 137, shall be construed as references to " super profits tax ".
Modification of section 131.---(iv) In section 131, in sub-section (2), for the words, figures and letter "Chapter 17-D ", the words, figures and brackets " the applied sections 220 to 229 (both inclusive), 231 and 232 and the applied Second Schedule and the applied Third Schedule " shall be substituted.
Modification of section 133.---(v) In section 133, clauses (1), (2) and (3) shall be omitted.
Modification of section 137.---(vi) In section 137;
(a) in sub-section (1), for the word and figures " Chapter 22 the words and figures " sections 21, 22, 23 and 24 of the Act " shall be substituted ;
(b) in sub-section (3), in clause (xi), for the word and figures " section 90 ", the words and figures "section 90 of the Income-tax Act" shall be substituted;
(c) sub-section (4) shall be omitted;
(d) in the Explanation, for the words, brackets and figures " sub-sections (1), (2) and (4) ", the words, brackets and figures " sub-sections (1) and (2) " shall be substituted.
Modification of section 138.---(vii) In section 138,---
(a) for the words " either under this Act or the Indian Income-tax Act, 1922, on or after the 1st day of April, 1960", the words " under the Act " shall be substituted ;
(b) for the word and figures "section 137", the words and figures " the applied section 137 " shall be substituted.
Modification of section 140.---(viii) For section 140, the following section shall be substituted, namely:--- "140.
Return by whom to be signed.---The return under section 6 of the Act shall be signed and verified by the principal officer of the company, or where in the case of a non-resident company any person has been treated as its agent under section 163 of the Income-tax Act, by such person. "
Modification of section 160.---(ix) In section 160, in sub-section (1),---
(a) in clause (i),---
(i) for the words, brackets and figures " in respect of the income of a non-resident specified in clause (i) of sub-section (1) of section 9 ", the words, brackets and figures " in respect of the chargeable profits relating to the income of a non-resident specified in clause (i) of sub-section (1) of section 9 of the Income-tax Act " shall be substituted;
(ii) for the word and figures "section 163", the words and figures " section 163 of the Income-tax Act " shall be substituted;
(b) clauses (ii) and (iv) shall be omitted; (c) In clause (iii),---
(i) for the word " income ", the words " chargeable profits " shall be substituted ;
(ii) the words " the Court of Wards, the Administrator-General, the Official Trustee or " and the words " Court of Wards,
Administrator-General, Official Trustee ", shall be omitted.
Modification of section 161.---(x) In section 161,---
(a) for the word " income ", wherever it occurs, the words "chargeable profits " shall be substituted ;
(b) for the words " this Chapter ", wherever they occur, the words, brackets and figures " sub-section
(2) of this section and the applied sections 160, 162, 163, 166, 167, 170, 173, 175, 176, 178 and 179 " shall be substituted;
(c) in sub-section (1), for the words " in respect of that ", the words " in respect of such " shall be substituted.
Modification of section 162.---(xi) In section 162, in sub-section (2), for the words " this Chapter ", the words, brackets and figures " the applied sections 160 to 163 (both inclusive), 166, 167, 170, 173, 175, 176, 178 and 179" shall be substituted.
Modification of section 166.---(xii) For section 166, the following section shall be substituted, namely:--- 166.
Direct assessment or recovery not barred.---Nothing in the applied sections 160, 161, 162, 163 (both inclusive) shall prevent either the direct assessment of the company on behalf of which or for the benefit of which chargeable profits therein referred to are receivable, or the recovery from such company of the tax payable in respect of such chargeable profits".
Modification of section 170.---(xiii) In section 170,---
(a) the words " or profession ", wherever they occur, shall be omitted ;
(b) for the word " income ", wherever it occurs, the words " chargeable profits " shall be substituted;
(c) sub-section (4) and the Explanation shall be omitted.
Modification of section 173.---(xiv) For section 173, the following section shall be substituted, namely:--- "173.
Recovery of tax in respect of non-resident from his assets.---Without prejudice to the provisions of subsection (1) of the applied section 161 or of the applied section 167, where the person entitled to the chargeable profits relating to the income referred to in clause (i) of sub-section (1) of section 9 of the Income-tax Act is a non-resident, the tax chargeable thereon, whether in his name or in the name of his agent who is liable as a representative assessee, may be recovered in accordance with the provisions of the applied sections 220 to 229 (both inclusive), 231 and 232 and the applied Second Schedule, and the applied Third Schedule from any assets of the non-resident which are, or, may at any time come, within India."
Modification of section 175.---(xv) For section 175, the following section shall be substituted, namely:--- "175.
Assessment of persons likely to transfer property to avoid tax.---
(1) Notwithstanding anything contained in section 4 of the Act, if it appears to the Income-tax Officer during any current assessment year that any/person is likely to charge, sell, transfer, dispose of or otherwise part with any of his assets with a view to avoiding payment of any liability under the provisions of the Act, the chargeable profits of such person for the period from the expiry of the previous year for that assessment year to the date when the Income-tax Officer commences proceedings under this section shall be chargeable to tax in that assessment year.
(2) The chargeable profits of each completed previous year or part of any previous year included in such period shall be chargeable to tax at the rate or rates in force in that assessment year, and separate assessments shall be made in respect of each such completed previous year or part of any previous year.
(3) The Income-tax Officer may estimate the chargeable profits of such person for such period or any part thereof, where such profits cannot be readily determined in the manner provided in the Act.
(4) For the purposes of making an assessment under sub-section (1), the Income-tax Officer may serve a notice upon such person requiring him to furnish, within such time, not being less than seven days, as may be specified in the notice, a return in the same form and verified in the same manner as a return under sub-section (2) of section 6 of the Act, setting forth the chargeable profits for each completed previous year comprised in the period referred to in sub-section (1) and his estimated chargeable profits for any part of the previous year comprised in that period ; and the provisions of the Act shall, so far as may be, and subject to the provisions of this section, apply as if the notice were issued under sub-section (2) of section 6 of the Act.
(5) The tax chargeable under this section shall be in addition to the tax, if any, chargeable under any other provision of the Act. (6) Where the provisions of sub-section (1) are applicable, any notice issued by the Income-tax Officer under sub-section (2) of section 6 or section 9 of the Act in respect of any tax chargeable under any other provision of the Act may, notwithstanding anything contained in sub-section (2) of section 6 or section 9 of the Act, as the case may be, require the furnishing of the return by such person within such period, not being less than seven days, as the Income-tax Officer may think proper."
Modification of section 176.---(xvi) In section 176,---
(a) in sub-section (1),
(i) for the word and figure " section 4 ", the words and figure " section 4 of the Act " shall be substituted;
(ii) the words " or profession " shall be omitted;
(iii) for the word " income ", the words " chargeable profits " shall be substituted ;
(b) in sub-section (2), for the words " total income ", the words "chargeable profits " shall be substituted;
(c) in sub-section (3), the words " or profession " shall be omitted;
(d) sub-section (4) shall be omitted;
(e) for sub-section (5), the following sub-section shall be substituted, namely:--- " (5) Where an assessment is to be made under the provisions of this section, the Income-tax Officer may serve on the principal officer of the company, or where in the case of a non-resident company any person has been treated as its agent under section 163 of the Income-tax Act, on such person, a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 6 of the Act and the provisions of the Act shall, so far as may be, apply accordingly as if the notice were a notice issued under sub-section (2) of section 6 of the Act."
(f) in sub-section (7), for the words, brackets and figures " sub-section (2) of section 139 or sub-section
(1) of section 148 ", wherever they occur, the words, brackets and figures " sub-section (2) of section 6 or section 9 of the Act " shall be substituted.
Modification of section 178.---(xvii) In section 178, in sub-section (1), for the word " income ", the words " chargeable profits " shall be substituted.
Modification of section 179.---(xviii) In section 179, for the word " income " the words " chargeable profits " shall be substituted.
Modification of section 220.---(xix) In section 220,
(a) in sub-section (1), for the words and figures " Any amount, otherwise than by way of advance tax, specified as payable in a notice of demand under section 156 ", the words and figures " Any amount specified as payable in a notice of demand under the applied section 156 " shall be substituted;
(b) in sub-section (2),---
(i) for the word and figures " section 156 ", the words and figures " the applied section 156 " shall be substituted ;
(ii) in the proviso for the words and figures " section 154, or section 155, or section 250, or section 254, or section 260, or section 262, or section 264 ", the words and figures " section 12 or section 14 or section 15 or section 18 of the Act, or the applied section 254, or the applied section 260 or the applied section 262 " shall be substituted;
(c) in sub-section (6), for the word and figures " section 246 ", the words and figures " section 12 of the Act " shall be substituted;
(d) in sub-section (7),---
(i) for the words " in respect of income ", the words " in respect of chargeable profits relating to income " shall be substituted;
(ii) for the words " which is due in respect of that amount of his income ", the words " which is due in respect of that amount of his chargeable profits that relate to income " shall be substituted.
Modification of section 221.---(xx) In section 221, in sub-section (1), for the word and figures " section 220 ", the words and figures " the applied section 220 " shall be substituted.
Modification of section 222.---(xxi) In section 222, in sub-section (1), for the words " the Second Schedule ", the words " the applied Second Schedule " shall be substituted.
Modification of section 223.---
(xxii) In section 223,---
(a) in sub-section (1),
(i) for the word and figures " section 222 " the words and figures " the applied section 222 " shall be substituted ;
(ii) in clause (a), the words " or profession ", wherever they occur, shall be omitted.
(b) in sub-section (2), for the words " this Chapter ", the words and figures " the applied sections 222, 224 and 225 and the applied Second Schedule " shall be substituted.
Modification of section 224.---(xxiii) In section 224,---
(a) in sub-section (1), for the word and figures " section 222 ", the words and figures " the applied section 222 " shall be substituted;
(b) in sub-section (3), for the word and figures " section 225 the words and figures " the applied section 225 " shall be substituted.
Modification of section 226.---(xxiv) In section 226,---
(a) in sub-section (1), for the word and figures " section 222 ", the words and figures " the applied section 222 " shall be substituted;
(b) sub- section (2) shall be omitted;
(c) in sub-section (3), in clause (x),---
(i) for the words and figures " sections 222 to 225 ", the words and figures " the applied sections 222 to 225 and the applied Second Schedule " shall be substituted;
(ii) for the word and figures " section 222 ", the words and figures " the applied section 222 " shall be substituted;
(d) in sub-section (5), for the words " the Third Schedule " the words " the applied Third Schedule " shall be substituted.
Modification of section 228.---(xxv) In section 228, in sub-section (1), for the word and figures " section 222 ", the words and figures " the applied section 222 " shall be substituted.
Modification of section 229.--(xxvi) In section 229, for the words " this Chapter ", the words, brackets and figures " the applied sections 220 to 228 (both inclusive), 231 and 232 and the applied Second Schedule and the applied Third Schedule " shall be substituted.
Modification of section 231.---(xxvii) In section 231,---
(a) for the word and figures " section 173 " the words and figures " the applied section 173 " shall be substituted ;
(b) for the word and figures " section 220 ", wherever they occur, the words and figures " the applied section 220 " shall be substituted,
Modification of section 232.---(xxviii) In section 232, for the words " this Chapter ", wherever they occur, the words, brackets and figures " the applied sections 220 to 229 (both inclusive), 231 and 233 and the applied Second Schedule and the applied Third Schedule " shall be substituted.
Modification of section 233.---(xxix) In section 233,---
(a) for the word and figures " section 220 " the words and figures " the applied section 220 " shall be substituted;
(b) for the words and figures " sections 221 to 229 " the words and figures " the applied sections 221 to 229 and the applied Second Schedule and the applied Third Schedule " shall, be substituted ;
(c) for the word and figures " section 141 ", the words and figure " section 8 of the Act " shall be substituted;
(d) for the words and figures " section 143 or section 144 ", the words and figure " section 7 of the Act " shall be substituted.
Modification of section 238.---(xxx) In section 238, sub-section (1) shall be omitted.
Modification of section 239.---(xxxi) In section 239,---
(a) in sub-section (1), for the words " this Chapter ", the words and figures " the applied section 237 " shall be substituted;
(b) in sub---section (2), for the words " income in respect of which the claim is made was assessable ", the words " chargeable profits in respect of which the claim is made were assessable " shall be substituted.
Modification of section 242.---(xxxii) In section 242, for the words " this Chapter ", the words and figures " the applied section 237 " shall be substituted.
Modification of section 243.---(xxxiii) In section 243, for sub-section (1), the following sub-section shall be substituted, namely:--- "
(1) If the Income-tax Officer does not grant the refund within six months from the date on which the claim for refund is made under the applied section 237, the Central Government shall pay the assessee simple interest at four per cent. per annum on the amount directed to be refunded from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is granted.
Explanation.---If the delay in granting the refund within the period of six months aforesaid is attributable to the assessee, whether wholly or in part, the period of the delay attributable to him shall be excluded from the period for which interest is payable."
Modification of section 244.----(xxxiv) In section 244,---
(a) in sub-section (1), for the word and figures " section 240 " the words and figures " the applied section 240 " shall be substituted;
(b) in sub-section (2), for the word and figures " section 241 ", wherever they occur, the words and figures " the applied section 241 " shall be substituted.
Modification of section 254.---(xxxv) In section 254,---
(a) sub-section (2) shall be omitted;
(b) in sub-section (4), for the words and figures " section 256 ", the words and figures " the applied section 256 " shall be substituted.
Modification of section 255.---(xxxvi) In section 255,---
(a) in sub-section (3), for the words " whose total income as computed by the Income-tax Officer in the case does not exceed twenty-five thousand rupees ", the words " whose chargeable profits as computed by the Income-tax Officer in the case do not exceed seventy-five thousand rupees " shall be substituted;
(b) in sub-section (6), for the words and figures " section 131 ", the words and figures " the applied section 131 " shall be substituted.
Modification of section 256.---(xxxvii) In section 256, in sub-section (1), for the word and figures " section 254 ", the words and figures " the applied section 254 " shall be substituted. Modification of section 257.---(xxxviii)
In section 257, for the word and figures " section 256 ", the words and figures " the applied section 256 " shall be substituted.
Modification of section 259.---(xxxix) In section 259, for the word and figures " section 256 ", the words and figures " the applied section 256 " shall be substituted.
Modification of section 261.---(xl) In section 261, for the word and figures " section 256 ", the words and figures " the applied section 256 " shall be substituted.
Modification of section 262.---(xli) In section 262,---
(a) in sub-section (1),---
(i) for the word and figures " section 261 ", the words and figures " the applied section 261 " shall be substituted;
(ii) in the proviso, for the words and figures " section 260 or section 265 " the words and figures " the applied section, 260 or the applied section 265 " shall be substituted ;
(b) in sub-section (3), for the word and figures " section 260 " the words and figures " the applied section 260 " shall be substituted.
Modification of section 269.---(xlii) In section 269, for the words " this Chapter ", the words, figures and brackets " the applied sections 256 to 262 (both inclusive) and the applied sections 265 to 268 (both inclusive) " shall be substituted.
Modification of Section 284.---(xliii) For section 284, the following section shall be substituted, namely:--- "
284. Service of notice in the case of discontinued business.--- Where an assessment is to be made under the applied section 176, the Income-tax Officer may serve on the principal officer of the company, or where in the case of a non-resident company any person has been treated as its agent under section 163 of the Income-tax Act-, on such person, a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 6 of the Act, and the provisions of the Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that section."
Modification of section 287.---(xliv) In section 287,---
(a) in sub-section (1),---
(i) in clause (a), for the words, brackets, letter and figures " under clause (c) of sub-section (1) of section 271 ", the words and figures " under section 10 of the Act for concealment of the particulars of the chargeable profits or for deliberately furnishing inaccurate particulars of such profits shall be substituted;
(ii) in clause (b), for the word and figures " section 277 ", the words and figures " section 22 of the Act " shall be substituted:
(b) in sub-section (2),---
(i) in clause (4), for the words, brackets, letters, and figures " clause (a) or clause (b) of sub-section (1) of section 271 ", the words, brackets and figures " section 10 of the Act for failure, without reasonable cause, to furnish the return required under section 6 of the Act, or to produce or cause to be produced the documents, accounts or other evidence required by the Income tax Officer under sub-section (1) of section 7 of the Act " shall be substituted;
(ii) in clause (b), for the words, brackets, letter, and figures " clause (c) of sub-section (1) of section 271 ", the words and figures " under section 10 of the Act for concealment of the particulars of the chargeable profits or for deliberately furnishing inaccurate particulars of such profits " shall be substituted ;
(iii) in clause (c), for the word and figures " section 277 ", the word and figures " section 22 " shall be substituted;
(c) in sub-section (3),---
(i) for the words, brackets, letters, and figures " section 246 or clause (b) of sub-section (1) of section 253 ", the words and figures " section 12 of the Act " shall be substituted ;
(ii) the words, brackets, letter and figures " or, in the case of an appeal filed under clause (b) of sub-clause (1) of section 253, by the Appellate Tribunal " shall be omitted;
(d) in sub-section (6), for the words and figures " sections 137 and 280 ", the words and figures " the applied section 137 " shall be substituted;
(e) sub-section (7) shall be omitted;
(f) for the Explanation, the following Explanation shall be substituted:--- "Explanation.---The names of the directors, managing agents, secretaries and figures " the applied section 131 " shall be substituted; if, in the opinion of the Central Government, the circumstances of the case justify it." Modification of section 288.---(xlv) In section 288,---
(a) in sub-section (1), for the word and figures " section 131 " the words and figures " the applied section 131 " shall be substituted;
(b) in sub-section (4), in clause (b), after the word " income-tax " the words " or super profits tax " shall be inserted;
(c) in sub-section (5), in clause (b), after the word " income-tax " the words " or super profits tax " shall be inserted,
Modification of section 290.---(xlvi) In section 290,--- (a) the words " deducting " and " deduction " shall be omitted;
(b) for the word " income ", the words " chargeable profits " shall be substituted.
Modification of section 291----(xlvii) In section 291, for the word "income", wherever it occurs, the words " chargeable profits " shall be substituted.
Modification of the Second Schedule.---(xlviii) In the Second Schedule,---
(a) below the title, for the brackets, words and figures " [See section 222] ", the brackets, words and figures " [See the applied section 222] ", shall be substituted ;
(b) in rule 5, in clause (a), for the word and figures " section 220 " the words and figures " the applied section 220 ", shall be substituted ;
(c) in rule 86, in clause (a), for the words, brackets, and figures " sub-clause (iii) of clause (44) of section 2 " the words, brackets and figures " sub-clause (iii) of the applied section 2(44) ", shall be substituted.
Modification of Third Schedule.---(xlix) In the Third Schedule,---
(a) below the title, for the brackets, words and figures " [See section 226(5)] ", the brackets, words and figures "[See sub-section (5) of the applied section 226] ", shall be substituted ;
(b) for the words " the Second Schedule ", the words " the applied Second Schedule " shall be substituted.
RULE 04: APPLICATION OF THE INCOME--TAX (CERTIFICATE PROCEEDINGS) RULES, 1963
The Income-tax (Certificate Proceedings) Rules, 1962, as amended from time to time, shall, so far as may be, apply, as if the said rules were part of these rules, subject to the following modifications, namely:---
(i) All references to the provisions of the Income-tax Act, shall be construed as references to the corresponding provisions of that Act as applied to super profits tax bysection 19 of the Super Profits Tax Act, 1963-, and rule 3.
(ii) All references to " income-tax ", except those in the short title and in the expression " Income tax Officer " and " Income-tax Act ", shall be construed as references to " super profits tax ".
(iii) All references to " tax " shall be construed as references to "super profits tax ".
(iv) In rule 1, sub-rule 2 shall be omitted.
(v) In rule 2,---
(a) clause (1) shall be omitted;
(b) in clauses (3) and (4), for the words " the Act ", wherever they occur, the words " Income-tax Act " shall be substituted.
(vi) In rule 37, in sub-rule (2) for the words and figures " The Income-tax Act, 1961 ", the words and figures " The Super Profits Tax Act, 1963 " shall be substituted.
RULE 05: FORM OF RETURN OF CHARGEABLE PROFITS UNDER SECTION 6
The return of chargeable profits required to be furnished under sub-section (1) or sub-section (2) of section 6 of the Act shall be in Form No. 1 and shall be verified in the manner indicated therein.
RULE 06: FORM OF NOTICE UNDER SECTION 8(2) OF THE ACT
The notice which the Income-tax Officer is required to give under sub-section (2) of section 8 of the Act before making a provisional assessment shall be in Form No. 2.
RULE 07: FORM OF APPEAL TO APPELLATE ASSISTANT COMMISSIONER
(1) An appeal under section 12 of the Act to the Appellate Assistant Commissioner shall be made in Form No. 3 and shall be verified in the manner indicated therein.
(2) The form of appeal prescribed by rule (1), the grounds of appeal and the form of verification appended thereto shall be signed by the principal officer of the company or where in the case of a non-resident company, the assessment has been made on any person who has been treated as its agent under section 163 of the Income-tax Act-, by such person.
RULE 08: MODE OF SERVICE
(1) The intimation of any such order as is referred to in clause (b) of sub-section (3) of section 12- of the Act shall be served in the same manner as is laid down in the applied section 282-for the service of a notice or requisition.
(2) Any other order, not being a notice or requisition, which is to be sent or communicated to, or served on, any person shall be sent, communicated or served either by post or as if it were a summons issued by a court under the Code of Civil Procedure, 1908 (5 of 1908)-.
RULE 09: FORM OF APPEAL AND MEMORANDUM OF CROSS-OBJECTIONS TO APPELLATE TRIBUNAL
(1) An appeal under sub-section (1) or sub-section (2) of section 13-of the Act to the Appellate Tribunal shall be in Form No. 4 and shall be verified in the manner indicated therein.
(2) A memorandum of cross-objections under sub-section (4) of section 13-of the Act to the Appellate Tribunal shall be made in Form No. 5 and shall be verified in the manner indicated therein.
RULE 10: SEARCH AND SEIZURE
The powers of search and seizure under the applied section 132-shall be exercised in accordance with the provisions contained in sub-rules (2) to (10) ofrule 112 of the Income-tax Rules, 1962-, as if they were part of these rules, subject to the following modifications, namely:---
(i) All references to " the Act " in the aforesaid rule shall be construed as references to " the Super Profits Tax Act, 1963-".
(ii) In sub-rule (10) of the aforesaid rule, for the words and figures " Form No. 45 ", the words and figure " Form No. 6 " shall be substituted.
RULE 11: DISCLOSURE OF INFORMATION REGARDING SUPER PROFITS TAX PAYABLE
(1) The application to the Commissioner under the applied section 138-for information as to the amount of super profits tax determined as payable by an assessee in respect of any assessment made under the Act, shall be made in Form No. 7.
(2) The information under the applied section 138-shall be furnished by the Commissioner in Form No. 8.
(3) Where it is not possible for the Commissioner to furnish the information asked for by the applicant under the applied section 138-owing to the fact that the relevant assessment has not been completed, he shall inform the applicant in Form No. 9.
(4) Where the Commissioner is satisfied that there are circumstances justifying the refusal of information as to the amount of super profits tax determined as payable by an assessee in respect of any assessment year, he shall intimate the fact to the applicant in Form No. 10.
RULE 12: FEES FOR APPLICATION UNDER THE APPLIED SECTION 138
(1) Every application made by a person under the applied section 138-shall be accompanied by a fee of rupees ten for each assessment year for which information is requested for under that section.
(2) Where the information is not furnished owing to the fact that the relevant assessment has not been completed or where the Commissioner refuses to furnish the information, he shall refund or cause to be refunded the amount of the fee paid.
RULE 13: NOTICE OF DEMAND
(1) Subject to the provisions of sub-rule (2), the notice of demand under the applied section 156- shall be in Form No. 11 and shall be accompanied by the assessment form in Form No. 12.
(2) The notice of demand relating to any super profits tax due in consequence of a provisional assessment made under section 8-of the Act shall be in Form No. 13.
RULE 14: LEVY OF INTEREST UNDER SUB-SECTION (2) OF THE APPLIED SECTION 220
The interest chargeable under sub-section (2) of the applied section 220-shall be levied in accordance with the provisions of rules 118-and119 of the Income-tax Rules, 1962-, as if they were part of these rules, subject to the following modifications, namely:---
(i) All references to “tax " in the aforesaid rules shall be construed as references to " super profits tax ".
(ii) All references to sections 156-,220-and 222-in the aforesaid rules shall respectively be construed as references to the applied sections 156, 220 and 222.
RULE 15: REFUND CLAIM
(1) A claim for refund under the applied section 239-shall be made in Form No. 14.
(2) The claim under sub-rule (1) may be presented by the claimant in person or through a duly authorised agent or may be sent by post.
RULE 16: FORM OF APPLICATION FOR REFERENCE TO HIGH COURT
An application under sub-section (1) of the applied section 256-requiring the Appellate Tribunal to refer to the High Court any question of law shall be made in Form No. 15.
RULE 17: PRESCRIBED ARRANGEMENTS FOR DECLARATION AND PAYMENT OF DIVIDENDS WITHIN INDIA
The arrangements referred to in the applied section 286-and in clauses (viii) and (x) of rule 1-of the First Schedule to the Act, to be made by a company for the declaration and payment of dividends (including dividends on preference shares) within India, shall be the same as specified in clauses (1), (2) and (3) of rule 27 of the Income-tax Rules, 1962-
APPENDIX 1 APPENDIX
FORM 1 1
SUPER PROFITS TAX (SeeRule 5-) RETURN OF CHARGEABLE PROFITS UNDER SUBSECTION
(1) OR SUB-SECTION (2) OFSECTION 6 OF THE SUPER PROFITS TAX ACT,
1963-Assessment year 19............ 19............ Name of the
Company ..........................................................................................................
Address...
PART 1 Statement of chargeable
profits of the previous year(s) ended..................... and other relevant particulars. (If there are different
previous years for different sources of income, the source or sources should be indicated against each
previous year). ---------------------------------------------------------- Rs. 1. Amount of the chargeable profits of the
previous year(s) as computed in Part II of the Return. [Where the amount computed is a positive figure,
it should be prefixed by the symbol (+) and where it is a negative figure, it should be prefixed by the
symbol (-).] Amount of the standard deduction as
computed in Part III of the Return. Amount of net
chargeable profits (i.e., the amount by which the chargeable profits shown against item 1 exceed the
standard deduction shown against item 2). Amount of
deficiency in relation to earlier assessment years available for being set off against the net chargeable
profits. (Give details) (Please see Note 1) Amount of
chargeable profits assessable for the assessment year (i.e., the amount by which the net chargeable
profits shown against item 3 exceed the amount of the deficiency, if any, shown against item 4). Amount of deficiency in relation to the assessment year. (Please
see Note 1) --------------------------------------------------------------------------------------------
------------------------------------------------------- NOTE 1.---(See items 4 and 6 of Part I). The
term " deficiency " in relation to an assessment year, as defined in clause (6) of section 2 of the Super
Profits Tax Act, 1963, means--- (i) where there are chargeable profits in respect of the previous year
relevant to that assessment year, the amount by which such profits as increased by the sum excluded
under clause (xi) or clause (xii), as the case may be, of rule 1 of the First Schedule fall short of the
standard deduction; (ii) where there are no chargeable profits in respect of the previous year relevant to
that assessment year, the amount of the standard deduction. Under section 5 of the Super Profits Tax
Act, 1963, the deficiency in relation to any assessment year is allowed to be carried forward and set off
against the net chargeable profits (viz., the amount by which the chargeable profits exceed the standard
deduction) for the next following assessment year. If there are no net chargeable profits for that
assessment year or the amount of the deficiency exceeds the net chargeable profits for that year, the
whole or the balance of the deficiency, as the case may be, is allowed to be set off against the net
chargeable profits of the assessee for the next following assessment year and if and so far as such
deficiency cannot be wholly so set off, it is allowed to be set off against the net chargeable profits of the
assessee for the next following assessment year. In no case is the deficiency or any part thereof allowed
to be carried forward beyond three assessment years immediately following the assessment year to
which the deficiency relates. Where there is more than one deficiency, and each such deficiency relates
to a different assessment year, the deficiency relating to an earlier assessment year has to be set off
before setting off the deficiency relating to later assessment year. PART 2 Computation of chargeable
profits (Copies of the audited profit and loss account and balance sheet must be attached to this return.)
-------------------------------------------------------------------------------------------------- Rs.
Rs. 1. Total income computed in accordance with Profit + the provisions of theIncome-tax Act, 1961-
Loss -- (i) Interest on + securities. -- (ii) Income from house + property. -- (iii) Profits and gains + of
business. -- (iv) Capital gains. + -- (v) Income from other + sources. --------- Total income (Please see
Note 2) ------------------------------------------------------------------------------------------------
DEDUCT (Add, if the figure in item 1 is a loss):
(1) Income chargeable under theIncome-tax Act, 1961-, under the head " Capital gains". ---------------------------- (2) Any compensation or other payment referred to in clause (ii) ofsection
28 of the Income-tax Act, 1961- (3) Profits of any business of life insurance. ---------------- (4) Income chargeable to income-tax under sub-section (2) ofsection 41 of the Incometax
Act, 1961- -----------------------------------------------------------------------------------------
---------------------------------------------------------- (5) Profits derived from an industrial
undertaking or hotel, on which undersection 84 of the Income-tax Act, 1961-, income-tax is not
payable. ---------------------------------------------------- (6) Interest on securities of the Central Government
issued or declared to be income-tax free or of a State Govern- ment issued income-tax free, the incometax
whereon is payable by the State Government. Donations to the National Defence Fund or charitable institutions and funds or to Government or a local
authority in respect of which a deduction of income-tax is allowable undersection 88 of the Income-tax
Act, 1961- (Please give details). ---------------------------------------------------------------------------- (8) Dividends from Indian
companies or companies which have made the prescribed arrangements for the declaration and payment
of dividends within India. -------------------------------------------------------------------- (9) Royalties received from
Government or a local authority or any Indian concern. Income by way of any interest or fees for rendering technical services received from Government or a
local authority or any Indian concern. [Applicable only to a non-resident company which has not made
the prescribed arrangements for the declaration and payment of dividends within India, vide clause (x) of
rule 1 of the First Schedule to theSuper Profits Tax Act, 1963-]. ---- (11) Amount to be excluded under clause (xi) of rule 1 of the First Schedule to theSuper Profits Tax
Act, 1963- (Applicable to non-banking companies only). (Please see Note 3). ------------------ (12) Amount of reserve(s) or deposits to be excluded under clause (xii) of rule 1 of
the First Schedule to theSuper Profits Tax Act, 1963- (Applicable to banking companies only). (Please
see Note 4---give details). ---------------------------------------------------------------------- (13) The amount of deduction
from income-tax and super-tax chargeable on the total income allowable under the annual Finance Act in
connection with export of any goods or merchandise out of India or the sale by a manufacturer of articles
to any person who exports them out of India. ----------------------------------------------------------------------------------------- (14) Amount
of income-tax and super-tax payable by the company in respect of its total income under the provisions
of theIncome-tax Act, 1961-, as reduced by any income-tax or super-tax payable in respect of income
referred to in clauses (i), (ii) and (iii) of rule 1 of the First Schedule to theSuper Profits Tax Act, 1963-
(Please see Note 5). ---------------------------------------------------------------- (15) Amount of tax actually paid in a
country outside India in respect of any portion of income included in the total income. (Please give
details). Total of entries (1) to (15) of item 2. Amount of
chargeable profits carried to Part I of the Return. (Item 1 minus the total of all the entries in item 2). -------------------------------------- NOTE 2---(See item 1 of Part 2). Against each of the entries (i)
to (v), there should be shown the income as computed under the respective heads of income under the
Income-tax Act, 1961, after taking into account all deductions permissible under that Act. Total income
is to be computed under the Income-tax Act, 1961, by making the following adjustments wherever
applicable and to the extent permissible under the provisions of the said Act:--- (a) adjustment for the
amount of the development rebate carried forward from earlier assessment years; (b) set-off of loss from
one head against income from another head; (c) set-off of losses carried forward from earlier assessment
years; (d) adjustments for unabsorbed allowances on account of depreciation or capital expenditure on
scientific research, carried forward from earlier assessment years. NOTE 3---[See entry (11) of item 2
of Part II]. Under clauses (xi) of rule 1 of the First Schedule to the Super Profits Tax Act, 1963, nonbanking
companies are entitled to an exclusion for the purpose of computation of their chargeable profits
of a sum equal to 10 per cent. of their total income as reduced by any capital gains or compensation or
other payment referred to in section 28(ii) of the Income-tax Act, 1961, or any profits of a business of
life insurance included in the total income. In respect of the assessment year 1963-64, the aforesaid
exclusion is admissible without any conditions. But, for subsequent assessment years the said exclusion is
admissible subject to the fulfilment of the following conditions, except in the case of electricity supply
companies, namely:--- (i) an amount equal to the amount to be excluded should be spent during the
previous year on the repayment of any moneys borrowed or debt incurred for acquisition of capital
assets, or on acquisition of any capital assets in India for the purpose of the business, or on payment of
dividends on preference share capital in excess of 6 per cent. of such capital ; or (ii) in so far as the
amount spent during the previous year for the aforesaid purpose falls short of the amount to be excluded,
a sum equal to the amount so fallen short should be debited to the profit and loss account and credited to
a special reserve account for being utilised for the next five years only for one or more of the purposes
mentioned in (i) above. (Relevant particulars regarding compliance with the above-mentioned conditions
should be furnished along with the return in respect of the assessment year 1964-65 or of any
subsequent assessment year). NOTE 4---[See entry (12) of item 2 of Part II]. In the case of a banking
company, clause (xii) of rule 1 of the First Schedule to the Super Profits Tax Act, 1963, provides for the
exclusion from its total income (as computed under the Income-tax Act, 1961) of the amount of certain
deposits made or reserves created by it during the previous year, for the purpose of the computation of
its chargeable profits. The amount to be excluded under that provision is equivalent to either--- (a) the
amount transferred during the previous year to a reserve fund under section 17(1) of the Banking
Companies Act, 1949, or the amounts deposited with the Reserve Bank of India under section 11(2)(b)
(ii) of that Act, not exceeding the amount required under the aforesaid provisions to be so transferred or
deposited, as the case may be, or (b) any sum transferred during the previous year to any reserves in
India (including reserves not shown as such in the published balance sheet) in so far as the sums
transferred to such reserves are attributable to income chargeable to tax under the Income-tax Act,
1961, and have not been allowed as a deduction in computing the total income under that Act and in so
far as the aggregate of such sums transferred to the reserves does not exceed the highest of the
aggregate of such sums, if any, so transferred to reserves during any one of the three years prior to the
previous year, whichever is higher. NOTE 5---[See entry (14) of item 2 of Part II]. The amount of
income-tax and super-tax to be shown against this item will be the amount calculated after making
allowance for any relief, rebate or deduction in respect of income-tax and super-tax to which the
assessee may be entitled under the provisions of the Income-tax Act, 1961, or the annual Finance Act.
The amount of tax so arrived at should be further reduced by the income-tax and super-tax payable in
respect of (a) any profits of any business of life insurance; (b) any income byway of compensation or
other payment referred to in section 28(ii) of the Income-tax Act, 1961, and (c) any income chargeable
under the head " Capital gains " under the Income-tax Act, 1961, where any such income, profits and
gains are included in the total income. PART 3 ---------------------------------------------------------
------------------------------------------------------------------------------------------ Computation
of Standard Deduction Rs. 1. Paid up share capital as on the first day of the previous year. (Please see
Note 6) ------------------------------------------------------------------------------------------------
Credit balance in the share premium account (as
on the first day of the previous year), to the extent it represents premia received in cash on the issue of
shares. Amount (as on the first day of the previous year) of
the development rebate reserve, if any, created under the proviso (b) tosection 10(2)(vi) (b) of the
Indian Income-tax Act, 1922-, or under sub-section (3) ofsection 34 of the Income-tax Act, 1961- ----
Amount (as on the first day of the previous year) of other
reserves, if any, in so far as the amounts credited to the said reserves have not been allowed in
computing the profits of the company for the purpose of the IndianIncome-tax Act, 1922-, or
theIncome-tax Act, 1961- (Please give details) ---------------------------------------------------------
Total of
items 1 to 4 above. DEDUCT: --------------------------
----------------- (1) Amount (as on the first day of the previous year) of any paid up share capital
brought into existence by creating or by increasing (by revaluation or otherwise) any book asset. ----------------------------------- (2) (a) Amount (as on the first day of the previous year) of the cost
of assets, if any, the income from which is not includible in the chargeable profits in accordance with
clause (iii) or clause (vi) or clause (viii) of rule 1 of the First Schedule to theSuper Profits Tax Act, 1963-
Rs............... (Please see Note 7) (b) Aggregate of the amounts (as on the first day of the previous year)
of--- (i) any money borrowed which remains outstanding; and (ii) the amount of any fund, any surplus
and any such reserves as is not to be taken into account in computing the capital under the Second
Schedule to theSuper Profits Tax Act, 1963- Rs............... (c) Amount by which the cost of the assets
shown against entry (a) exceeds the amount shown against entry (b) above ......................................
(Please seerule 1-of the Second Schedule to theSuper Profits Tax Act, 1963-). Net amount of capital arrived at by deducting from the amount shown against item
5, the total of the amounts shown against entries (1) and (2)(c) of item 6. It the paid up share capital of the company was increased after the first day of the
previous year, the amount by which the capital computed in accordance withrule 1-of the Second
Schedule to theSuper Profits Tax Act, 1963-, is to be increased underrule 2-of that Schedule. (Please
see Note 8). If the paid up share capital of the company
was reduced after the first day of the previous year, the amount by which the capital computed in
accordance withrule 1-of the Second Schedule to theSuper Profits Tax Act, 1963-, is to be decreased
underrule 2-of that Schedule. (Please see Note 8) Amount arrived at by adding to/deducting from the net amount of the capital shown against item 7, the
amount shown against items 8 and 9 respectively. (a)
Amount of income, profits and gains, if any, not includible in the total income as computed under
theIncome-tax Act, 1961- Rs............. (Please see Note 9) (b) Total amount of income, profits and
gains in respect of the previous year(s) (i.e., the aggregate of the amount shown in entry (a) above, and
the amount of the total income in respect of the previous year(s) as shown in item 1 of Part II of this
Return). Rs.................. (c) Amount by which the capital as shown in item 10 is required to be
diminished in accordance withrule 3-of the Second Schedule to theSuper Profits Tax Act, 1963-, i.e.,
the amount shown in item 10+ Amount shown in entry (a) of/Amount shown in entry (b) of item 11/item
11. (Please see Note 10) ------------------------------------------------------------------------------
Capital of the company as
computed in accordance with the provisions of the Second Schedule to theSuper Profits Tax Act, 1963-
(Amount shown in item 10 minus the amount shown in entry (c) of item 11). Amount of the standard deduction at 6% of the capital (as shown in item 12) or Rs.
50,000, whichever is greater. (If the previous year is longer or shorter than a period of 12 months, the
aforesaid amount of 6% or, as the case may be, of Rs. 50,000 should be increased or decreased
proportionately). (Please see Note 11) ---------------------------------------------------------------------------------- NOTE 6---(See item
1 of Part III). If there are different previous years for different sources of income, the computation of
capital under rules 1 and 2 of the Second Schedule of the Super Profits Tax Act, 1963, is to be made
with reference to the previous year which commenced first, vide Explanation 3 to rule 1 of the Second
Schedule to the Super Profits Tax Act, 1963. NOTE 7---[See entry 2(a) of item 6 of Part III]. The
income which is not includible in the chargeable profits of a company under clauses (iii), (vi) and (viii) of
rule 1 of the First Schedule to the Super Profits Tax Act, 1963, respectively, is the profits of any
business of life insurance, interest on securities of the Central Government or of a State Government
issued or declared to be income-tax free and dividends from an Indian company or a company which
has made the prescribed arrangements for the declaration and payment of dividends within India. NOTE
8---(See items 8 and 9 of Part III). Rule 2 of the Second Schedule to the Super Profits Tax Act, 1963,
provides that where after the first day of the previous year relevant to the assessment year, the paid up
share capital of a company is increased or reduced by any amount during that previous year, the capital
computed in accordance with rule 1 shall be increased or decreased, as the case may be, by a portion of
that amount which is proportional to the portion of the previous year during which the increase or the
reduction of the paid up share capital remained effective. NOTE 9---[See entry (a) of item 11 of Part
III]. Instances of income, profits and gains not includible in the total income as computed under the
Income-tax Act, 1961, are agricultural income in India, and in the case of a non-resident company, its
income accruing or arising outside India. NOTE 10---[See entry (c) of item 11 of Part III]. Item 11 is to
be filled in only in the case of a company, a part of the income, profits and gains of which is not includible
in its total income as computed under the Income-tax Act, 1961. Rule 3 of the Second Schedule to the
Super Profits Tax Act, 1963, provides that where a part of the income, profits and gains of a company is
not includible in the total income as computed under the Income-tax Act, 1961, its capital shall be the
sum ascertained in accordance with rules 1 and 2, diminished by an amount which bears to that sum the
same proportion as the amount of the aforesaid income, profits and gains bears to the total amount of its
income, profits and gains. NOTE 11---(See item 13 of Part III). Where a company has different
previous years in respect of its income, profits and gains the increase or decrease referred to in item 13
should be calculated with reference to the length of the previous year of the longest duration (vide the
2nd proviso to clause (9) of section 2 of the Super Profits Tax Act, 1963). PART 4 Other particulars
required under sub-section (1)/ sub-section (2) ofsection 6 of the Super Profits Tax Act, 1963- --------
----------------------------------- A. Place where the Registered Office of the company is situated. ---------------------------------------- B. Place where the Head Office of the company is situated. --------------------------------------- C. Location of each branch. ------- I declare that to the best of my knowledge and belief, the information given in the above
statements in Parts I, II, III and IV of this Return is correct and complete, that the amount of the
chargeable profits and other particulars shown are truly stated and relate to the previous year/all the
previous years relevant to the assessment year commencing on the 1st, day of April, 19...... and that the
company had during the said previous year(s) no other chargeable profits. I further declare that the
company was resident/non-resident in India during the previous year(s) for which the return is made.
Date.................... Signature............... Address.............. Status............... The declaration should be
signed by the Principal Officer of the company or where in the case of a non-resident company any
person has been treated as its agent undersection 163 of the Income-tax Act, 1961-, by such person.
THE SIGNATORY SHOULD SATISFY HIMSELF THAT THE RETURN IS CORRECT AND
COMPLETE IN EVERY RESPECT BEFORE SIGNING THE VERIFICATION.
FORM 2 2
SUPER PROFITS TAX (Seerule 6-) NOTICE UNDER SUB-SECTION (2) OFSECTION 8 OF
THE SUPER PROFITS TAX ACT, 1963-Income-tax Office........................ Dated, the....................
19.......... To ............................... ............................... ............................... Whereas the time allowed
under sub-section (1) or sub-section (2) ofSection 6 of the Super Profits Tax Act, 1963-, for furnishing
of the return of chargeable profits for the assessment year 19......... 19......... has expired, and whereas I
propose to make a provisional assessment for that assessment year in accordance with the provisions of
section 8 of the said Act, I hereby give you notice under sub-section (2) of that section, of my intention
to make a provisional assessment for the said assessment year as indicated in the statement of the
amount of the proposed assessment attached. 2. If you have any objection to the amount of the
proposed provisional assessment you may, within fourteen days of receipt of this notice, deliver to me a
statement of your objections thereto. 3. Your return for the year 19......... 19......... have/have not been
furnished. (SEAL) Income-tax Officer. FORM 3 3
SUPER PROFITS TAX (SeeRule 7-) APPEAL TO THE APPELLATE ASSISTANT
COMMISSIONER OF INCOME-TAX UNDERSECTION 12 OF THE SUPER PROFITS TAX
ACT, 1963-Designation of the Appellate Assistant Commissioner No............... of............... 19......
Name and Address of the Appellant. S.P.T. G.I.R. No. Assessment year in connection with which the appeal is preferred. Income-tax Officer passing the order appealed against. Section and sub-section of theSuper Profits Tax Act, 1963-, under which the Income-tax Officer
passed the order appealed against and the date of such order. Where the appeal relates to any assessment or penalty or fine, the date of service of the relevant
notice of demand. In any other case, the date of service of
the intimation of the order appealed against. Relief claimed
in appeal. Address to which notices may be sent to the
appellant. ----------------------------------------------------- Signed. (Appellant) Statement of Facts -----------
-------------------------------- Grounds of Appeal 1. 4. Signed. etc. (Appellant) FORM OF
VERIFICATION I,................ the appellant, do hereby declare that what is stated above is true to the
best of my information and belief. Place..................... Signature.................................
Date...................... Status of appellant.................. -----------------------------------------------------
NOTES.---(1) The form of appeal, grounds of appeal and the form of verification appended thereto
shall be signed by a person in accordance with the provision of rule 7(2). (2) The memorandum of
appeal, statement of facts and the grounds of appeal must be in duplicate and should be accompanied by
a copy of the order appealed against and the notice of demand in original, if any. (3) Delete the
inappropriate words. (4) These particulars will be filled in, in the office of the Appellate Assistant
Commissioner. (5) If the space provided herein is insufficient, separate enclosures may be used for the
purpose.
FORM 4 4
SUPER PROFITS TAX [Seerule 9(1)-] FORM OF APPEAL TO THE APPELLATE TRIBUNAL In
the Income-tax Appellate Tribunal ............................................. Appeal No............... of...............
Appellant Versus Respondent -------------------------------------------------------
The
State in which the assessment was made. Section under
which the order appealed against was passed. Assessment
year in connection with which the appeal is preferred. The
Income-tax Officer passing the original order. Section of
theSuper Profits Tax Act, 1963-, under which the I.T.O. passed the order. The Appellate Assistant Commissioner passing the order under section 12/applied
section 131(2). The Commissioner passing the order
under section 17. Date of communication of the order
appealed against. Address to which notices may be sent
to the appellant. Address to which notices may be sent to
the respondent. Relief claimed in appeal. --------------------------- Grounds of Appeal 1. 4. etc. Signed. (Appellant) Signed. (Authorised
representative, if any). VERIFICATION I,............................... the appellant do hereby declare that
what is stated above is true to the best of my information and belief. Verified to-day the........................
day of............... 19...... Signed. --------------------------------------------------------------------------- NOTES.---1. The
memorandum of appeal must be in triplicate and should be accompanied by two copies (at least one of
which should be a certified copy) of the order appealed against and two copies of the relevant order of
the Income-tax Officer. 2. The memorandum of appeal in the case of an appeal by an assessee under
section 13(1) of the Act must be accompanied by a fee of one hundred rupees. It is suggested that the
fee should be credited in the Treasury or a branch of the State Bank of India or a branch of the Reserve
Bank of India after obtaining a chalan from the Income-tax Officer and the triplicate chalan sent to the
Appellate Tribunal with the memorandum of appeal. The Appellate Tribunal will not accept cheques,
drafts, hundies or other negotiable instruments. 3. The memorandum of appeal should be written in
English and should set forth, concisely and under distinct heads, the grounds of appeal without any
argument or narrative and such grounds should be numbered consecutively. 4. The number and year of
appeal will be filled in, in the office of the Appellate Tribunal. 5. Delete the inapplicable items. 6. If the
space provided is found insufficient, separate enclosures may be used for the purpose.
FORM 5 5
SUPER PROFITS TAX [Seerule 9(2)-] FORM OF MEMORANDUM OF CROSS OBJECTIONS
TO THE APPELLATE TRIBUNAL In the Income-tax Appellate
Tribunal ........................................................................... Cross Objection No...........................
of.............. In Appeal No........................... of............... 19......... Appellant Versus Respondent --------------------------------------------------------------------------
Appeal No. allotted by the
Tribunal to which memorandum of cross objections relates. 2. The State in which the assessment was made. Section
under which the order appealed against was passed. Assessment year in connection with which the memorandum of cross objections is preferred. Date of receipt of notice of appeal filed by the appellant of the
Tribunal. Address to which notices may be sent to the
respondent cross objector). Address to which notices may
be sent to the appellant. Relief claimed in the memorandum
of cross objections. --------------------------------------------------------------- Grounds of Cross Objections 1. etc. Signed. (Respondent) Signed. (Authorised representative, if any). VERIFICATION I,
...................... the respondent do hereby declare that what is stated above is true to the best of my
information and belief. Verified to-day the ............... day of.................. 19......... Signed. ---------------------------- NOTES.---1. The memorandum of cross objections must be in triplicate. 2.
The memorandum of cross objections should be written in English and should set forth, concisely and
under distinct heads, the cross objections without any argument or narrative and such objections should
be numbered consecutively. 3. The number and year of memorandum of cross objections will be filled in,
in the office of the Appellate Tribunal. 4. The number and year of appeal as allotted by the office of the
Tribunal and appearing in the notice of appeal received by the respondent is to be filled in here by the
respondent. 5. If the space provided is found insufficient, separate enclosures may be used for the
purpose.
FORM 6 6
SUPER PROFITS TAX [Seerule 10-] WARRANT OF AUTHORIZATION UNDER SECTION
132 OF THE INCOME-TAX ACT, 1961, AS APPLIED TO SUPER PROFITS TAX BY
SECTION 19 OF THE SUPER PROFITS TAX ACT, 1963. The Income-tax Officer,
Whereas information has been laid before me and on the consideration thereof I
have been led to believe that certain books of account and/or documents which are or may be relevant
to or useful for proceedings under theSuper Profits Tax Act, 1963-, in the case (name of the assessee
with S.P.T. G.I.R. No...............) have been kept and are to be found at (specify particulars of the
building or place)............... This is to authorise and require you (Name of the Income-tax Officer) (a) to
enter and search with such assistance of police officers as may be required, the said premises; (b) to
place identification marks on such books and documents as may be found in the course of the search
and as you may consider relevant to or useful for the proceedings aforesaid and to make a list thereof
together with particulars of the identification marks; (c) to examine such books and/or documents and
make, or cause to be made, copies or extracts from such books and documents; (d) to seize such books
of account and/or documents, and take possession thereof; (e) to convey such books or documents to
the office of the Income-tax Officer or any other authority not below the rank of an Income-tax Officer
employed in the execution of the act; and (f) to exercise all other powers and duties under the said
section and the rules relating thereto. Commissioner of Income-tax (SEAL)
FORM 7 7
SUPER PROFITS TAX [Seerule 11-] APPLICATION FOR INFORMATION UNDER SECTION
138 OF THE INCOME-TAX ACT, 1961, AS APPLIED TO SUPER PROFITS TAX BYSECTION
19 OF THE SUPER PROFITS TAX ACT, 1963- To The Commissioner of Income-tax,
Sir, I request you to furnish the information as to the amount of
super profits tax determined as payable by .................................................... (here give name and
complete address of the company) in respect of the assessment year commencing on the 1st day of
April, 19..... 2. The fee of Rs. 10 has been paid and the receipt is enclosed. Signature of the
applicant................................ Name of the applicant...................................... (in capital letters)
Father's/Husband's name................................ Full address .....................................................
Dated........................ 19 ------------------------------------------------------------------------------
--------------------------------------------------------------------- NOTES:---(1) A separate
application has to be made in respect of each assessee and for such assessment year. (2) The fee should
be credited in the Treasury or a branch of the State Bank of India or a branch of the Reserve Bank of
India after obtaining a chalan from the Income-tax Officer and the triplicate chalan sent to the
Commissioner along with the application.
FORM 8 8
SUPER PROFITS TAX [Seerule 11-] FORM IN WHICH INFORMATION TO BE GIVEN
UNDERSECTION 138 OF THE INCOME-TAX ACT, 1961-, AS APPLIED TO SUPER
PROFITS TAX BYSECTION 19 OF THE SUPER PROFITS TAX ACT, 1963- Office of
the......................................... Date................................. No.....................
To ........................................... ............................................. ............................................. With
reference to your application dated.................. undersection 138 of the Income-tax Act, 1961-, as
applied to super profits tax bysection 19 of the Super Profits Tax Act, 1963-, requesting for information
as to the amount of super profits tax determined as payable by........................... in respect of the
assessment year commencing on the 1st day of April, 19......... the said information is given below:---
Name and address of the company Assessment year Amount of super profits tax determined as payable
(in words and figures) Signature of the authority furnishing the information. (SEAL)
Dated........................ 19
FORM 9 9
SUPER PROFITS TAX [Seerule 11-] FORM IN WHICH INTIMATION TO BE SENT
REGARDING NON AVAILABILITY OF INFORMATION UNDERSECTION 138 OF THE
INCOME-TAX ACT, 1961-, AS APPLIED TO SUPER PROFITS TAX BYSECTION 19 OF THE
SUPER PROFITS TAX ACT, 1963-Office of the...................................... No................. Date....................................... To .............................................
With reference to your application
dated.................. undersection 138 of the Income-tax Act, 1961-, as applied to super profits tax
bysection 19 of the Super Profits Tax Act, 1963-, requesting for information as to the amount of super
profits tax determined as payable by.................. in respect of the assessment year commencing on the
1st day of April, 19......., I am to inform you that the said information is not yet available.
Signature................................... (SEAL) Dated........................ 19 .
FORM 10 10
SUPER PROFITS TAX [Seerule 11-] REFUSAL TO SUPPLY INFORMATION
UNDERSECTION 138 OF THE INCOME-TAX ACT, 1961-, AS APPLIED TO SUPER
PROFITS TAX BY SECTION 19 OF THE SUPER PROFITS TAX ACT, 1963. Office of
the.................................. ...................................... No............... Dated.......................................
To ................................................... ...................................................
With reference to your application dated.................. undersection
138 of the Income-tax Act, 1961-, as applied to super profits tax bysection 19 of the Super Profits Tax
Act, 1963-, requesting for information as to the amount of super profits tax determined as payable
by.................. in respect of the assessment year commencing on the 1st day of April, 19...... I am
satisfied that there are circumstances justifying its refusal and the information is accordingly refused.
Signature............................ (SEAL) |
