Income Tax Act, 1961
Section 7: Ins. by Act 13 of 1963, s. 19 (w.e.f. 11962).
7. Ins. by Act 13 of 1963, s. 19 (w.e.f. 11962).
829
(f) any proceeding for the imposition of a penalty in respect of any assessment completed before
the first day of April, 1962, may be initiated and any such penalty may be imposed as if this Act had
not been passed;
(g) any proceeding for the imposition of a penalty in respect of any assessment for the year
ending on the 31st day of March, 1962, or any earlier year, which is completed on or after the 1st day
of April, 1962, may be initiated and any such penalty may be imposed under this Act;
(h) any election or declaration made or option exercised by an assessee under any provision of the
repealed Act and in force immediately before the commencement of this Act shall be deemed to have
been an election or declaration made or option exercised under the corresponding provision of this
Act;
(i) where, in respect of any assessment completed before the commencement of this Act, a refund
falls due after such commencement or default is made after such commencement in the payment of
any sum due under such completed assessment, the provisions of this Act relating to interest payable
by the Central Government on refunds and interest payable by the assessee for default shall apply;
(j) any sum payable by way of income-tax, super-tax, interest, penalty or otherwise under the
repealed Act may be recovered under this Act, but without prejudice to any action already taken for
the recovery of such sum under the repealed Act;
(k) any agreement entered into, appointment made, approval given, recognition granted, direction,
instruction, notification, order or rule issued under any provision of the repealed Act shall, so far as it
is not inconsistent with the corresponding provision of this Act, be deemed to have been entered into,
made, granted, given or issued under the corresponding provision aforesaid and shall continue in
force accordingly;
(l) any notification issued under sub-section (1) of section 60 1[ or section 60A] of the repealed
Act and in force immediately before the commencement of this Act shall, to the extent to which
provision has not been made under this Act, continue in force 2***:
3[Provided that the Central Government may rescind any such notification or amend it so as to
rescind any exemption, reduction in rate or other modification made thereunder;]
(m) where the period prescribed for any application, appeal, reference or revision under the
repealed Act had expired on or before the commencement of this Act, nothing in this Act shall be
construed as enabling any such application, appeal, reference or revision to be made under this Act by
reason only of the fact that a longer period therefor is prescribed or provision is made for extension of
time in suitable cases by the appropriate authority.
298. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act the Central Government may, by general or special order, do anything not inconsistent with such
provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.
(2) In particular, and without prejudice to the generality of the foregoing power, any such order may
provide for the adaptations or modifications subject to which the repealed Act shall apply in relation to
the assessments for the assessment year ending on the 31st day of March, 1962, or any earlier year.
4[(3) If any difficulty arises in giving effect to the provisions of this Act as amended by the Direct Tax
Laws (Amendment) Act, 1987, the Central Government may, by order, do anything not inconsistent with
such provisions for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of three years from the 1st day of April,
1988.
(4) Every order made under sub-section (3) shall be laid before each House of Parliament.
any proceeding for the imposition of a penalty in respect of any assessment completed before
the first day of April, 1962, may be initiated and any such penalty may be imposed as if this Act had
not been passed;
any proceeding for the imposition of a penalty in respect of any assessment for the year
ending on the 31st day of March, 1962, or any earlier year, which is completed on or after the 1st day
of April, 1962, may be initiated and any such penalty may be imposed under this Act;
any election or declaration made or option exercised by an assessee under any provision of the
repealed Act and in force immediately before the commencement of this Act shall be deemed to have
been an election or declaration made or option exercised under the corresponding provision of this
Act;
where, in respect of any assessment completed before the commencement of this Act, a refund
falls due after such commencement or default is made after such commencement in the payment of
any sum due under such completed assessment, the provisions of this Act relating to interest payable
by the Central Government on refunds and interest payable by the assessee for default shall apply;
any sum payable by way of income-tax, super-tax, interest, penalty or otherwise under the
repealed Act may be recovered under this Act, but without prejudice to any action already taken for
the recovery of such sum under the repealed Act;
any agreement entered into, appointment made, approval given, recognition granted, direction,
instruction, notification, order or rule issued under any provision of the repealed Act shall, so far as it
is not inconsistent with the corresponding provision of this Act, be deemed to have been entered into,
made, granted, given or issued under the corresponding provision aforesaid and shall continue in
force accordingly;
any notification issued under sub-section
of section 60 1[ or section 60A] of the repealed
Act and in force immediately before the commencement of this Act shall, to the extent to which
provision has not been made under this Act, continue in force 2***:
3[Provided that the Central Government may rescind any such notification or amend it so as to
rescind any exemption, reduction in rate or other modification made thereunder;]
where the period prescribed for any application, appeal, reference or revision under the
repealed Act had expired on or before the commencement of this Act, nothing in this Act shall be
construed as enabling any such application, appeal, reference or revision to be made under this Act by
reason only of the fact that a longer period therefor is prescribed or provision is made for extension of
time in suitable cases by the appropriate authority.
298. Power to remove difficulties.—
If any difficulty arises in giving effect to the provisions of
this Act the Central Government may, by general or special order, do anything not inconsistent with such
provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.
In particular, and without prejudice to the generality of the foregoing power, any such order may
provide for the adaptations or modifications subject to which the repealed Act shall apply in relation to
the assessments for the assessment year ending on the 31st day of March, 1962, or any earlier year.
4[
If any difficulty arises in giving effect to the provisions of this Act as amended by the Direct Tax
Laws
Act, 1987, the Central Government may, by order, do anything not inconsistent with
such provisions for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of three years from the 1st day of April,
1988.
Every order made under sub-section
shall be laid before each House of Parliament.