Income Tax Act, 1961
Section 3: Ins. by Act 23 of 2012, s. 83 (w.e.f. 12012).
3. Ins. by Act 23 of 2012, s. 83 (w.e.f. 12012).
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1[(2) Where the Finance Act of the relevant year provides that, in the case of any class of assessees,
net agricultural income (as defined in that Act) shall be taken into account for the purposes of computing
advance tax, then, the net agricultural income to be taken into account in the case of any assessee falling
in that class, shall be—
(a) in cases 2[where the Assessing Officer makes an order under sub-section (3) or sub-section
(4) of section 210],—
(i) if the total income of the latest previous year in respect of which the assessee has been
assessed by way of regular assessment forms the basis of computation of advance tax payable by him,
the net agricultural income which has been taken into account for the purposes of charging incometax for the assessment year relevant to that previous year; or
3[(ii) if the total income declared by the assessee for the later previous year referred to in subsection (4) of section 210 forms the basis of computation of advance tax, the net agricultural income
as returned by the assessee in the return of income for the assessment year relevant to such later
previous year;]
4[(b) in cases where the advance tax is paid by the assessee on the basis of his estimate of his current
income under sub-section (1) or sub-section (2) or sub-section (5) or sub-section (6) of section 210, the
net agricultural income, as estimated by him, of the period which would be the previous year for the
immediately following assessment year.]
(3) Where the Finance Act of the relevant year specifies any separate rate or rates for the purposes of
computing advance tax in the case of every Hindu undivided family which has at least one member whose
total income of the previous year exceeds the maximum amount not chargeable to income-tax in his case,
then, the 5[Assessing Officer] shall, for making an order under 6[sub-section (3) or sub-section (4)
of section 210] in the case of any such Hindu undivided family, compute (subject to the provisions
of section 164) the advance tax at such rate or rates—
(a) in a case where the total income of the latest previous year in respect of which the Hindu
undivided family has been assessed by way of regular assessment forms the basis of computation of
advance tax, if the total income of any member of the family for the assessment year relevant to such
latest previous year exceeds the maximum amount not chargeable to income-tax in his case;
(b) in a case where the total income of the previous year 7[in respect of which a return of income is
furnished by the Hindu undivided family under section 139 or in response to a notice under sub-section
(1) of section 142] forms the basis of computation of advance tax, if the total income of any member of
the family for the assessment year relevant to such previous year exceeds the maximum amount not
chargeable to income-tax in his case.]
Where the Finance Act of the relevant year provides that, in the case of any class of assessees,
net agricultural income (as defined in that Act) shall be taken into account for the purposes of computing
advance tax, then, the net agricultural income to be taken into account in the case of any assessee falling
in that class, shall be—
in cases 2[where the Assessing Officer makes an order under sub-section
or sub-section
of section 210],—
if the total income of the latest previous year in respect of which the assessee has been
assessed by way of regular assessment forms the basis of computation of advance tax payable by him,
the net agricultural income which has been taken into account for the purposes of charging incometax for the assessment year relevant to that previous year; or
3[
if the total income declared by the assessee for the later previous year referred to in subsection
of section 210 forms the basis of computation of advance tax, the net agricultural income
as returned by the assessee in the return of income for the assessment year relevant to such later
previous year;]
4[
in cases where the advance tax is paid by the assessee on the basis of his estimate of his current
income under sub-section
or sub-section
or sub-section
or sub-section
of section 210, the
net agricultural income, as estimated by him, of the period which would be the previous year for the
immediately following assessment year.]
Where the Finance Act of the relevant year specifies any separate rate or rates for the purposes of
computing advance tax in the case of every Hindu undivided family which has at least one member whose
total income of the previous year exceeds the maximum amount not chargeable to income-tax in his case,
then, the 5[Assessing Officer] shall, for making an order under 6[sub-section
or sub-section
of section 210] in the case of any such Hindu undivided family, compute (subject to the provisions
of section 164) the advance tax at such rate or rates—
in a case where the total income of the latest previous year in respect of which the Hindu
undivided family has been assessed by way of regular assessment forms the basis of computation of
advance tax, if the total income of any member of the family for the assessment year relevant to such
latest previous year exceeds the maximum amount not chargeable to income-tax in his case;
in a case where the total income of the previous year 7[in respect of which a return of income is
furnished by the Hindu undivided family under section 139 or in response to a notice under sub-section
of section 142] forms the basis of computation of advance tax, if the total income of any member of
the family for the assessment year relevant to such previous year exceeds the maximum amount not
chargeable to income-tax in his case.]