Income Tax Act, 1961
Section 10: Ins. by s. 75, ibid (w.e.f. 12017).
10. Ins. by s. 75, ibid (w.e.f. 12017).
696
and the assessee has paid the whole of the amount of tax payable in respect of income referred to in
clause (a) 1[or clause (b) or clause (c) 2[or clause (d)]], as the case may be, had such income been a part of
the total income, as part of the 3[remaining instalments of advance tax which are due or where no such
instalments are due], by the 31st day of March of the financial year:]
4[Provided further that nothing contained in this sub-section shall apply to any shortfall in the
payment of the tax due on the returned income where such shortfall is on account of increase in the rate of
surcharge under section 2 of the Finance Act, 2000 (10 of 2000), as amended by the Taxation Laws
(Amendment) Act, 2000 (1 of 2001), and the assessee has paid the amount of shortfall, on or before the
15th day of March, 2001 in respect of the instalment of advance tax due on the 15th day of June, 2000,
the 15th day of September, 2000 and the 15th day of December, 2000:]
5[Provided also that nothing contained in this sub-section shall apply to any shortfall in the payment
of the tax due on the returned income where such shortfall is on account of increase in the rate of
surcharge under section 2 of the Finance Act, 2000 (10 of 2000) as amended by the Taxation Laws
(Amendment) Act, 2001 (4 of 2001) and the assessee has paid the amount of shortfall on or before the
15th day of March, 2001 in respect of the instalment of advance tax due on the 15th day of June, 2000,
the 15th day of September, 2000 and 15th day of December, 2000.]
6[Explanation.—In this section, “tax due on the returned income” means the tax chargeable on the
total income declared in the return of income furnished by the assessee for the assessment year
commencing on the 1st day of April immediately following the financial year in which the advance tax is
paid or payable, as reduced by the amount of,—
(i) any tax deductible or collectible at source in accordance with the provisions of Chapter XVII
on any income which is subject to such deduction or collection and which is taken into account in
computing such total income;
(ii) any relief of tax allowed under section 90 on account of tax paid in a country outside India;
(iii) any relief of tax allowed under section 90A on account of tax paid in a specified territory
outside India referred to in that section;
(iv) any deduction, from the Indian income-tax payable, allowed under section 91, on account of
tax paid in a country outside India; and
(v) any tax credit allowed to be set off in accordance with the provisions of section
115JAA 7[or section 115JD].]
(2) The provisions of this section shall apply in respect of assessments for the assessment year
commencing on the 1st day of April, 1989 and subsequent assessment years.]]
1[or clause
or clause
2[or clause
Act, 2000 (1 of 2001), and the assessee has paid the amount of shortfall, on or before the
15th day of March, 2001 in respect of the instalment of advance tax due on the 15th day of June, 2000,
the 15th day of September, 2000 and the 15th day of December, 2000:]
5[Provided also that nothing contained in this sub-section shall apply to any shortfall in the payment
of the tax due on the returned income where such shortfall is on account of increase in the rate of
surcharge under section 2 of the Finance Act, 2000 (10 of 2000) as amended by the Taxation Laws
Act, 2001 (4 of 2001) and the assessee has paid the amount of shortfall on or before the
15th day of March, 2001 in respect of the instalment of advance tax due on the 15th day of June, 2000,
the 15th day of September, 2000 and 15th day of December, 2000.]
6[Explanation.—In this section, “tax due on the returned income” means the tax chargeable on the
total income declared in the return of income furnished by the assessee for the assessment year
commencing on the 1st day of April immediately following the financial year in which the advance tax is
paid or payable, as reduced by the amount of,—
any tax deductible or collectible at source in accordance with the provisions of Chapter XVII
on any income which is subject to such deduction or collection and which is taken into account in
computing such total income;
any relief of tax allowed under section 90 on account of tax paid in a country outside India;
any relief of tax allowed under section 90A on account of tax paid in a specified territory
outside India referred to in that section;
any deduction, from the Indian income-tax payable, allowed under section 91, on account of
tax paid in a country outside India; and
any tax credit allowed to be set off in accordance with the provisions of section
115JAA 7[or section 115JD].]
The provisions of this section shall apply in respect of assessments for the assessment year
commencing on the 1st day of April, 1989 and subsequent assessment years.]]