Series i· No; 29 ~~ ' ~' on official~gazette. Government'ofgoa



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Il'Ieg. NO.GRlRNP/GOAl32.1 1RNI No. GOAENGI200:!16410 I Panaji, 14th October, 2004 (Asvina .22, 1926) t SERIES I· No; 29

~~. . .' .

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OFFICIAL~GAZETTE



.GOVERNMENT'OFGOA

" .'. ~., .'.

GOVERNMENT OF GOA

Department of Law and JudiCiary

Legal' Affairs Division

Notification

1013/2003-LA

The Taxation L.aws (Amend.ment) Act: 2003 (Central Act:No.54 of 2003), which has .been

passed by the Parliament and assented to by the President of India on: 30~12~2003' and published in the Gazette of India, Extraordinary,Part II, Section 1, <:iated 31-12-2003; is hereby published

for -general information bfthe'publici:

S. G. Mar&the, Under Secretary (Drafting).'

Panaji, 18th May, 2004.

THE TAXATION LAWS (AMENDMENT) !

ACT,2003

AN

ACT

further to ameh'd the Income-tax Act, 1961, the WeaIthCtax Act, 1957 and the Expenditure-tax Act, 1987.

BE it enacted by Parliament in the Fifty-fourth Year of the Repu1::>lic of India as fol!ows:'-

CHAPTER I

. Preliminary

L Short title and commencement:-(1). This Actmaybe canedtheTrucationLaws(Amendm~nt) Act, 2003.

. (2)Save as otherwise provided i.n this Act, it shall be de~med to have'<;:qme into force on.the 8th day of September, 2003.

CHAPTER II .

Amendments to the Income-Tax Act, 1961:

2. Amendment of section 10.-In section 10 of the Income-tax Act, 1961'43Qf1961. (hereafter in this Chapter referred to as the Income-tax Act), in clause (15),-'

(A) after sub-clause (iiia), the followingsubc -clause shan be inserted and shall be deemed to have been inserted with effect from theist day' of April, '2001,namely:­

"Uiib) interest payable to·the·.Nordfc Investment Bank, being a multilateralfinancial institution·constituted.by the Governments of Denmark"Finland, Iceland, Norway.,.and Sweden, on a loan advanced by it to a project approved 1::>y the Central Government in·terms of.the Memorandum of Understanding entered into by the Central Government with that Bank on the 25th day of November, 1986;";

(B) in sub-clause (iv),­

(a) in item (c), the existing Explanation shall 1::>e numbered as Explanation 1 thereof and·after Explanation 1 as so num1::>ered, the following Explanation shall 1::>e inserted and shall 1::>e deemed .to have 1::>een inserted with effect from the 1st day of April, 1962, namely:­


"Explanation 2.-.For-the removal of doubts, it is hereby--declared that the usance interest payabie outside India by an undertaking engag",d. in,;the ,business.Of ship-breaking in respeGt ofpUrchase'of aship from outside India shallbe deenled to be the Interest payable on a debt incurre.d in' a foreigr{ country iIi, respect of

'" the pUrchase-outside India;";-,

(b) in the Explanation 1 occurring below item (i), after clause (d), thefollowing. clause shall be inserted. and shall be deemed to have· been inseIted, with_ effec:t:from the. '1st. day of_April, 1991, namely:­

"(da) the business of ship-breaking; or". ,

3. Insertion ofnew section lOBA.~After section lOB ofthe Income-tax A~t, the follo~ng ~ection shall b~ inserted with eIfect from'the 1st day of April, 2004, namely:­

'10BASpeciali)1'0Visionsfu respect ofexport of certain articles or things.-(1) Subject to the provisions of this s'ection,'a deductiOn ofsuch profits and gains as are derived by an undertaking from the export out of India of eligible articles or thingsj-.shall be. allowed from the total income of the assessee: .

Provided'that wherein computing the total income ofthe undertaking,for any' ::;;,;sessment year, deduction under section lOAor sectien lOB­has been claimed, the undertaking shall not be entitled to the deduction under this. section:

Provided further that no,deduction under·this section shall be alloweq to any undertaking for the assessment year beginning on the 1st day of April, 2010'ciJi!..d, subsequent years.

, (2) This section applies to any undertaking which fulfils', the following conditions. namely:­

... (a) it manufactures or produces the·-eligible articles or things without the use of im~ed ;raw'materials;·

(b) it is not formed by the splitting up, or the reconstruction, of a business already in existence:

. Providedt1lat this condition shall not apply in respect o(ariyundertaking which is formed as

a: result ofthE3 :re:establishmeIit, reconstruction orreviv

such undertaking as is 'rE3ferred to in section33B, in the circumstances and-within the period specified in that section;

(c)itis not foIllledby the transfer to a new business of machinery or plant previously used

'

for any purpose. ,

'. Explanation.-The provisions of Explanation 1 and Explanation-2to sub-section (2) of section 80-Lshall apply for the purposes of this clause as they apply. for the purposes of clause (ii) of sub-section(2) of that section; ,

(d) ninety per cent. or more ofitssales during the previous year relevant to the assessment year are byway ofexports oitheeligible articles or things;

(e) it employs twenty Dr more workers during the previous year in the process of manufacture or production.

(3) This section applies to the undertaking, ifthe sale proceeds of the eligible articles or things exported out of India are received in or.brought into, India bythe assessee inconvertible foreign exchange, within a period.of six months from the end of the previous year or, within such further period as the comp",tent authority may allow in this behalf.
'ExplaIiatioIi:-For the purposes of this sube -section, the.expression "competent authority" means the Reserve Bank of India or such other authority as is authorised.under any law for the time being iriforce for regUlating payments and dealings in foreign exchange..

(4) Forthe purposes ofsub-section (1), the profits derived from export out of India of the eligible articles or things shall be the amount whichbears to the profits of the business ofthe. undertaking, the same proportion as the .export turnover in respect of such articles or things bears to the total turnover of the business carried on by the undertaking.

(5) The deduction under sub-section (1) shall not be admissible, unless theassessee furnishes inthe prescribed form, along with the return of income, the· report .ofan accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claim",tl in accordance with the provisions of this section.

OFFIClALGAZETTE -GOVT. OF GOA

SERIES I No. 29 14TH OCTOBER, 20M

(6) Notwithstandinganythingcontained.in any other provision of thisAct,wherea deducticm is allowed under this section in computing the total income'oftheassessee"no deductiOn,shall:be allowed under 'any other section in respect"ofits export ,profits.­

(7) The provisions of sub-section (8) and sub­-section (lD) of section 80-IAshall"so far as may be, apply in, relation to the undertaking referred to in this section as they apply for the, ,purposes of the undertaking.referred ,to in'section 80,IA;

Explanation,-'For the purposes of this section,-

I

i :(a) "convertible Joteignexchange",

,I

means hreign'exchange:whiphis:for" ' the time being treated,:bythe Re,serve Bank of India as convertible Joreign, :", exchange for the purposes of the Foreign Exchange Management, Act,

1'I ',1999, and any rules made ,thereunder 42of1999. or,anyother corresponding law for the time ,being in force;

(b) "eligible ,articles or thingsn means all hand.made'articles ,or things" which are of artistic value and which requires the use of wood,as the'1llainrawmaterial;

, (c) ",export turnover"meanstl1econsideration in respect of export by the undertaking of eligible articles orthings received in, or brought into, India bythe as::>e::>,::>ee,in convertible foreign exchange,in accordance'with·sub-section,;(3), but does not include freight, telecommunication chargeS or insurance attributable to the,delivery of the, articles or thing::> outside India;

'Cd)-,i.export out of I~dia"shall not include anytransactio~by way of sale orotherwise,in a,shop, emporium or anY,other establishment situate in " " India, not involving clearance of,anY , customs ,station as, defined ,in th~

Customs Act, 1962.'. ' , ' 5~f1962.

  1. Amepdment ofsection 115P.-In section 115P of the' Income~tax Act,for the words "one and one-fourthpEircent;" ,the words "one per cent." shall'be ::>ub'stituted.

  2. Amendment ofsection 115S.-In section 115S of the ,Income~tax Act, for,the words "one and one-fourth,percent."•,the words,"one 'per, ,cent. " shall be substituted.


6. Amendment of::>ection 132B.-In section 132B of ;thelnco~e-taxAct, insub:s~ction(4), in clause. (al, for the words "eight per cent."" ,the words';si,x per cent.",shaH be substituted.

, 7. Amenclm~t of section158BFA.~Insec~ion 158BFA of theIncome-tax Ast,in sub-section(l), for,the words':one andone,fourth per cent,"" the words, "eme Per €ent;" , sl1all be substituted.

8. Amendment of section 201.~ In section 201 of the IncoIIle,taxAct, in sUb-section (lAi, for, the words "fifteenper cent. ", the words "twelve per cent." shall be substituted.

, , ,

,9.Amendment ojs.e~tion206C.-In, section .206C of theIncome-tax Act,­

(a) in sub-section,(l),­

'ii) for theT~le, thefollowiI;tgtabl~shall be , .sWJstituted, !lamely:~ '. .

"TABLE

Sl. No. Nature of goods Perqentage

(1) (2) . (3)

(i) 'Alcoholic liquor for human

' ,One,per cent. ,;' '

consumption




(ii)

Tendu leaves

Five per cent,

(iii) ,Timber obtained under a

Two and one-half

forest lease

per cent.

(iv) Timber obtained byany mode Two andone'half



other than under a forest lease percent.

('IT) Any othet'fbrest jlroduce not, Twoand one,half ,.being, timber or tendu leaves percent..

, (vi) Scrap One per cent. : ";

(ti) for the proviso below the'llilile,thefollOwing proviso shall be substituted, namely:­

.' ,

"Providedt):1at every person, being a seller shall at the time, during the period beginning on the 1st day of June, 2003 and ending on the day immediately preceding the date on which the Taxation Laws (Amendment) Act, 2003 co~es into force, of debiting of ,the amount payable bythe buyer to the account ofthe buyer

. or of receipt, ofsuch amount from the.said buyer in cash or by the issue of a cheque or draft or by

:'lpd)tliermode, whichever is earlier, collect from ,. tllehUyer of any goods of the nature specifiedin .' . colYtM (2)0£ tlie'table as it stood immediately .p$>re the 1st day ofJune, 2003, a sum eqtial to the percentage, specifiedinthe corresponding em.!ytin colurtm(3) of the said 1able'of such aIilount as income-tax in aCcordance with the provisions of this· section as they stood immediatelybefore'the 1stday of Jurie, 2003.";

(b) after SUb-section (1), the following sub­~sections· shallbe'ihsert'ed, namely:'-·

"(lA) Notwithstanding anYthing contained in sub-section(1), no collection of tax shall be made

.in the case ora buyer, who is residentip. India, if such buyer fUrnishesto the person responsible for' collecting tax, a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner to the effect that the goods referred to in column(2)oIthe aforesaid Table are to be utilised fcir the pUrposes of manufacturing, processing or producing articles or things and riot for trading purposes.

(lE) The person reSponsible for' collectinJ tax under this section shall deliver or cause to. be delivered to the Chief Commissioner or Commissioner one copy.o(thedeclaration referred to in sub-section (1A) on or before the seventh day of the month next following the month in which the declaration is furnished to him.";

. (c) in sub,section (3); for the words "seven days", the words "the prescribed time" shall be substituted;

(d) in sub-section (5), for the words "ten days fro~ the·date ofdebit", the words.....such period as may be prescribed from the time of debit"· shall be substituted;"· .

(e) in sub-section (7), for the words "one and one-fourth per cent.", the words "one per cent." shan be'substituted; '",-.
.

.

',.

(f) in the Explanation occurring at the end, in

.clause (a),for sub-clauses (i) and (ii), the following sub-claUses shall be substituted,·namely:-'­

.....(1) a public sectorcompaIi.y; the Central

. "GovElinment, a State Government, and an embassy, a high commission, legation, Cominlss'fon, consulate and the trade represehtiitioIi.; of ·a foreign State and a club; or

(ii}a buyer in the retail sale of such goods .. purchaSed by him for: personal consumption;~'.

10. Amendment of section220.~In section 220 Of the·lncome-taxAct,insub-section (2),.for the words. "one and one-fourth per cent;", ,the words .. one per cent." shall be substituted.

lhAmemdment ofsection230.'-In section 230

. of the Income-tax Act, in sulY-section.(2), ,after the word, braCkets and figure "sub'section (1)";. the words, brackets, figure and letter. "or the first proviso to sub-section (lA)" shall be inserted and shall be deemed to have been inserted witheffect from the 1st day of June, 2003 .

  1. Amendment of section 234A:-In section 234AoftheIncome-taXAct,insub'sections (1) and (3), for the words "one·and.one-fourth per.cent.", the words ','one per cent." shall be substituted.

  2. Amendment of'section 234B.""':' In section 234B of the Income~taxAct, in sub-sections (1), and (3), for the words "one and one-fourtliper cent.", the words "one per· cent." shall be substituted.

  3. Amendment of section 234C.-In section 234C of the Income-tax Act, in sub-section (1),­


(i) in clause (a), in sub-dauses(i) and (ii), for the words "one and one-fourth per cent.", the words"one per cent." shall be substituted;

(ii) in clause (b), jn sub-clauses (i) and (ii), for the words "one and one-fourtli·per cent.", the words "one per c·ent." shall be substituted;


  1. Amendment of section 234D.~ .In section 234D of the Income-tax Act, in sub-section (1), . for the words "two-third per cent.", the words "one­half per cent." sh-all be substituted.

  2. Amendment of section 244A.-In section 244A of the Income-tax Act, in sub-section (1), in clauses (a) and (b); for the words "two-third per cent.", the words "one-half per·cent."shall be substituted.

  3. Amendment of section 272A.-In section 272A of the Income-tax Act, in sub-section C2), after clause (i), the following clause shall be inserted, namely:­


.. U} to deliver or clause to be delivered in due .. time a copy ofthe declaration referredto in sub­-section (lA) of section 206C,".

OFFICIAL GAZETTE .:..-GOVT. OF GOA

SERIES I N.D. 29

18. Amendment ofsecond ScheduIe.-In Second Schedule to the Income-tax Act, in rule 68A, in sub~ruIe (3), for the words "eight per cent.", the words "six per cent." shall be substituted.

CHAPTER III

Amendments to the Wealth-Tax Act, 1957.,

19. Amendment oisection 17B.-In section 17B of the Wealth-tax Act, 1957 270f1957. (hereafter in this Chapter referred to as the Wealth-tax Act), in sub-sections (1) and (3), for the words "one and one­-fourth per cent.", the words "one per cent." shall be substituted.

20; Amendment ofsection 31.-In section 31 of the Wealth-tax Act, in sub-section (2),­

(a) for the words "oue and one-fourth per cent.", the words "one per cent." shall be substituted;

(b) in the second proviso, for the words "one and one-fourth per, cent.", the ,words "one per cent." shalI.be substituted.
21. Amendment ofsection 34A.~ In section 34A of the W",alth-tax Act,­

(a) in sub-section (3), for the words "eightper cent.", the words "six'per cent." shall be substituted;

(b) in sub-section (4B), in clause (a), for the words "two-third per cent.", the words "one­-half per cent." shall be substituted.
CHAPTER IV

Amendments to the Expem;liture-Tax Act, 1987 .--...

22. Amendment ofsection 14 ofAct 35of1987.-In section 14 of the'Expenditure-tax Act, 1987, for the words :'one ,and one-fourth per cent.", the words "one per cent." shall be substituted.



23. Repeal and saving.-(1) The

~

Taxation Laws (Amendment) Ordinance,

,~ Ord.2

2003 is hereby repealed.

of2003.

(2) Notwithstanding such repeal,




anything done or any action taken under




the Income-taxAct,1961, the Wealth-tax

43 of 1961.

Act, 1957 and the Expenditure-tax Act,

27 of 1957.

1987, as amended bythe said Ordinance,

35of1987.

shall be deemed to have been done




or

taken under the

corresponding




provisions of those Acts, as amended by




this Act.,





14TH OCTOBER,2004


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