Income Tax Act, 1961
Section 102: Definitions.—In this Chapter, unless the context otherwise requires,—
102. Definitions.—In this Chapter, unless the context otherwise requires,—
(1) “arrangement” means any step in, or a part or whole of, any transaction, operation, scheme,
agreement or understanding, whether enforceable or not, and includes the alienation of any property
in such transaction, operation, scheme, agreement or understanding;
(2) “asset” includes property, or right, of any kind;
(3) “benefit” includes a payment of any kind whether in tangible or intangible form;
(4) “connected person” means any person who is connected directly or indirectly to another
person and includes,—
(a) any relative of the person, if such person is an individual;
(b) any director of the company or any relative of such director, if the person is a company;
(c) any partner or member of a firm or association of persons or body of individuals or any
relative of such partner or member, if the person is a firm or association of persons or body of
individuals;
(d) any member of the Hindu undivided family or any relative of such member, if the person
is a Hindu undivided family;
(e) any individual who has a substantial interest in the business of the person or any relative
of such individual;
(f) a company, firm or an association of persons or a body of individuals, whether
incorporated or not, or a Hindu undivided family having a substantial interest in the business of
the person or any director, partner, or member of the company, firm or association of persons or
body of individuals or family, or any relative of such director, partner or member;
(g) a company, firm or association of persons or body of individuals, whether incorporated or
not, or a Hindu undivided family, whose director, partner, or member has a substantial interest in
the business of the person, or family or any relative of such director, partner or member;
(h) any other person who carries on a business, if—
(i) the person being an individual, or any relative of such person, has a substantial interest
in the business of that other person; or
(ii) the person being a company, firm, association of persons, body of individuals,
whether incorporated or not, or a Hindu undivided family, or any director, partner or member
of such company, firm or association of persons or body of individuals or family, or any
relative of such director, partner or member, has a substantial interest in the business of that
other person;
(5) “fund” includes—
(a) any cash;
(b) cash equivalents; and
(c) any right, or obligation, to receive or pay, the cash or cash equivalent;
(6) “party” includes a person or a permanent establishment which participates or takes part in an
arrangement;
(7) “relative” shall have the meaning assigned to it in the Explanation to clause (vi) of
sub-section (2) of section 56;
(8) a person shall be deemed to have a substantial interest in the business, if,—
(a) in a case where the business is carried on by a company, such person is, at any time
during the financial year, the beneficial owner of equity shares carrying twenty per cent or more,
of the voting power; or
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(b) in any other case, such person is, at any time during the financial year, beneficially
entitled to twenty per cent or more, of the profits of such business;
(9) “step” includes a measure or an action, particularly one of a series taken in order to deal with
or achieve a particular thing or object in the arrangement;
(10) “tax benefit” includes,—
(a) a reduction or avoidance or deferral of tax or other amount payable under this Act; or
(b) an increase in a refund of tax or other amount under this Act; or
(c) a reduction or avoidance or deferral of tax or other amount that would be payable under
this Act, as a result of a tax treaty; or
(d) an increase in a refund of tax or other amount under this Act as a result of a tax treaty; or
(e) a reduction in total income; or
(f) an increase in loss,
in the relevant previous year or any other previous year;
(11) “tax treaty” means an agreement referred to in sub-section (1) of section 90 or sub-section
(1) of section 90A.]
103. Original CHAPTER XI dealing with Additional Income-tax on Undistributed Profits contained
sections 95 to 109, sub-headings “A.—General”, “B.—Incomes forming part of total income on which
no supertax is payable”, “C.—Rebate of super-tax” and “D.—Additional super-tax on undistributed fits”
and sections 95 to 103 (both inclusive) were omitted by Act 9 of 1965, s. 29 (w.e.f. 11965).
Subsequently Chapter XI containing remaining sections 104 to 109 was omitted by Act 21 of 1987, s. 41
(w.e.f. 11988).
104. [Income-tax on undistributed income of certain companies.]—Omitted by the Finance
Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
105. [Special provisions for certain companies.]—Omitted by the Finance Act, 1987 (11 of 1987),
s. 41 (w.e.f. 11988).
106. [Period of limitation for making orders under section 104.]—Omitted by the Finance
Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
107. [Approval of Inspecting Assistant Commissioner for orders under section 104.]—Omitted
by the Finance Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
107A. [Reduction of minimum distribution in certain cases.]—Omitted by the Finance Act, 1987
(11 of 1987), s. 41 (w.e.f. 11988). Earlier s. 107A was inserted by the Finance Act, 1964 (20 of 1964),
s. 26 (w.e.f. 11964).
108. [Savings for company in which public are substantially interested.]—Omitted by the Finance
Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
109. [“Distributable income”, “investment company” and “statutory percentage”
defined.]—Omitted by the Finance Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
CHAPTER XII
DETERMINATION OF TAX IN CERTAIN SPECIAL CASES
1[110. Determination of tax where total income includes income on which no tax is payable.—
Where there is included in the total income of an assessee any income on which no income-tax is payable
under the provisions of this Act, the assessee shall be entitled to a deduction, from the amount of incometax with which he is chargeable on his total income, of an amount equal to the income-tax calculated at
the average rate of income-tax on the amount on which no income-tax is payable.]
“arrangement” means any step in, or a part or whole of, any transaction, operation, scheme,
agreement or understanding, whether enforceable or not, and includes the alienation of any property
in such transaction, operation, scheme, agreement or understanding;
“asset” includes property, or right, of any kind;
“benefit” includes a payment of any kind whether in tangible or intangible form;
“connected person” means any person who is connected directly or indirectly to another
person and includes,—
any relative of the person, if such person is an individual;
any director of the company or any relative of such director, if the person is a company;
any partner or member of a firm or association of persons or body of individuals or any
relative of such partner or member, if the person is a firm or association of persons or body of
individuals;
any member of the Hindu undivided family or any relative of such member, if the person
is a Hindu undivided family;
any individual who has a substantial interest in the business of the person or any relative
of such individual;
a company, firm or an association of persons or a body of individuals, whether
incorporated or not, or a Hindu undivided family having a substantial interest in the business of
the person or any director, partner, or member of the company, firm or association of persons or
body of individuals or family, or any relative of such director, partner or member;
a company, firm or association of persons or body of individuals, whether incorporated or
not, or a Hindu undivided family, whose director, partner, or member has a substantial interest in
the business of the person, or family or any relative of such director, partner or member;
any other person who carries on a business, if—
the person being an individual, or any relative of such person, has a substantial interest
in the business of that other person; or
the person being a company, firm, association of persons, body of individuals,
whether incorporated or not, or a Hindu undivided family, or any director, partner or member
of such company, firm or association of persons or body of individuals or family, or any
relative of such director, partner or member, has a substantial interest in the business of that
other person;
“fund” includes—
any cash;
cash equivalents; and
any right, or obligation, to receive or pay, the cash or cash equivalent;
“party” includes a person or a permanent establishment which participates or takes part in an
arrangement;
“relative” shall have the meaning assigned to it in the Explanation to clause
of
sub-section
of section 56;
a person shall be deemed to have a substantial interest in the business, if,—
in a case where the business is carried on by a company, such person is, at any time
during the financial year, the beneficial owner of equity shares carrying twenty per cent or more,
of the voting power; or
459
in any other case, such person is, at any time during the financial year, beneficially
entitled to twenty per cent or more, of the profits of such business;
“step” includes a measure or an action, particularly one of a series taken in order to deal with
or achieve a particular thing or object in the arrangement;
“tax benefit” includes,—
a reduction or avoidance or deferral of tax or other amount payable under this Act; or
an increase in a refund of tax or other amount under this Act; or
a reduction or avoidance or deferral of tax or other amount that would be payable under
this Act, as a result of a tax treaty; or
an increase in a refund of tax or other amount under this Act as a result of a tax treaty; or
a reduction in total income; or
an increase in loss,
in the relevant previous year or any other previous year;
“tax treaty” means an agreement referred to in sub-section
of section 90 or sub-section
of section 90A.]
103. Original CHAPTER XI dealing with Additional Income-tax on Undistributed Profits contained
sections 95 to 109, sub-headings “A.—General”, “B.—Incomes forming part of total income on which
no supertax is payable”, “C.—Rebate of super-tax” and “D.—Additional super-tax on undistributed fits”
and sections 95 to 103 (both inclusive) were omitted by Act 9 of 1965, s. 29 (w.e.f. 11965).
Subsequently Chapter XI containing remaining sections 104 to 109 was omitted by Act 21 of 1987, s. 41
(w.e.f. 11988).
104. [Income-tax on undistributed income of certain companies.]—Omitted by the Finance
Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
105. [Special provisions for certain companies.]—Omitted by the Finance Act, 1987 (11 of 1987),
s. 41 (w.e.f. 11988).
106. [Period of limitation for making orders under section 104.]—Omitted by the Finance
Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
107. [Approval of Inspecting Assistant Commissioner for orders under section 104.]—Omitted
by the Finance Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
107A. [Reduction of minimum distribution in certain cases.]—Omitted by the Finance Act, 1987
(11 of 1987), s. 41 (w.e.f. 11988). Earlier s. 107A was inserted by the Finance Act, 1964 (20 of 1964),
s. 26 (w.e.f. 11964).
108. [Savings for company in which public are substantially interested.]—Omitted by the Finance
Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
109. [“Distributable income”, “investment company” and “statutory percentage”
defined.]—Omitted by the Finance Act, 1987 (11 of 1987), s. 41 (w.e.f. 11988).
CHAPTER XII
DETERMINATION OF TAX IN CERTAIN SPECIAL CASES
1[110. Determination of tax where total income includes income on which no tax is payable.—
Where there is included in the total income of an assessee any income on which no income-tax is payable
under the provisions of this Act, the assessee shall be entitled to a deduction, from the amount of incometax with which he is chargeable on his total income, of an amount equal to the income-tax calculated at
the average rate of income-tax on the amount on which no income-tax is payable.]