Income Tax Act, 1961
Section 5: Ins. by Act 22 of 2007, s. 51 (w.e.f. 12007).
5. Ins. by Act 22 of 2007, s. 51 (w.e.f. 12007).
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leviable for that assessment year, and the difference between the sum so paid and the amount of tax found
payable by him on such assessment shall be paid by him or refunded to him, as the case may be.
1[(8) For the purposes of this section, the amount referred to in sub-section (2) shall include the
amount paid or payable by way of demurrage charge or handling charge or any other amount of similar
nature.]
I.—Recovery of tax in respect of non-residents
173. Recovery of tax in respect of non-resident from his assets.—Without prejudice to the
provisions of sub-section (1) of section 161 or of section 167, where the person entitled to the income
referred to in clause (i) of sub-section (1) of section 9 is a non-resident, the tax chargeable thereon,
whether in his name or in the name of his agent who is liable as a representative assessee, may be
recovered by deduction under any of the provisions of Chapter XVII-B and any arrears of tax may be
recovered also in accordance with the provisions of this Act from any assets of the non-resident which
are, or may at any time come, within India.
J.—Persons leaving India
174. Assessment of persons leaving India.—(1) Notwithstanding anything contained in section 4,
when it appears to the 2[Assessing Officer] that any individual may leave India during the current
assessment year or shortly after its expiry and that he has no present intention of returning to India, the
total income of such individual for the period from the expiry of the previous year for that assessment
year up to the probable date of his departure from India shall be chargeable to tax in that assessment year.
(2) The total income of each completed previous year or part of any previous year included in such
period shall be chargeable to tax at the rate or rates in force in that assessment year, and separate
assessments shall be made in respect of each such completed previous year or part of any previous year.
(3) The 2[Assessing Officer] may estimate the income of such individual for such period or any part
thereof, where it cannot be readily determined in the manner provided in this Act.
(4) For the purpose of making an assessment under sub-section (1), the 2[Assessing Officer] may
serve a notice upon such individual requiring him to furnish within such time, not being less than seven
days, as may be specified in the notice, a return in the same form and verified in the same manner 3[as a
return under clause (i) of sub-section (1) of section 142], setting forth his total income for each completed
previous year comprised in the period referred to in sub-section (1) and his estimated total income for any
part of the previous year comprised in that period; and the provisions of this Act shall, so far as may be,
and subject to the provisions of this section, apply as if the notice were 4[a notice issued under clause (i)
of sub-section (1) of section 142].
(5) The tax chargeable under this section shall be in addition to the tax, if any, chargeable under any
other provision of this Act.
(6) Where the provisions of sub-section (1) are applicable, any notice issued by the 2[Assessing
Officer] under 5[clause (i) of sub-section (1) of section 142 or] section 148 in respect of any tax
chargeable under any other provision of this Act may, notwithstanding anything contained in 5[clause (i)
of sub-section (1) of section 142 or] section 148, as the case may be, require the furnishing of the return
by such individual within such period, not being less than seven days, as the 2[Assessing Officer] may
think proper.
For the purposes of this section, the amount referred to in sub-section
shall include the
amount paid or payable by way of demurrage charge or handling charge or any other amount of similar
nature.]
I.—Recovery of tax in respect of non-residents
173. Recovery of tax in respect of non-resident from his assets.—Without prejudice to the
provisions of sub-section
of section 161 or of section 167, where the person entitled to the income
referred to in clause
of sub-section
of section 9 is a non-resident, the tax chargeable thereon,
whether in his name or in the name of his agent who is liable as a representative assessee, may be
recovered by deduction under any of the provisions of Chapter XVII-B and any arrears of tax may be
recovered also in accordance with the provisions of this Act from any assets of the non-resident which
are, or may at any time come, within India.
J.—Persons leaving India
174. Assessment of persons leaving India.—
Notwithstanding anything contained in section 4,
when it appears to the 2[Assessing Officer] that any individual may leave India during the current
assessment year or shortly after its expiry and that he has no present intention of returning to India, the
total income of such individual for the period from the expiry of the previous year for that assessment
year up to the probable date of his departure from India shall be chargeable to tax in that assessment year.
The total income of each completed previous year or part of any previous year included in such
period shall be chargeable to tax at the rate or rates in force in that assessment year, and separate
assessments shall be made in respect of each such completed previous year or part of any previous year.
The 2[Assessing Officer] may estimate the income of such individual for such period or any part
thereof, where it cannot be readily determined in the manner provided in this Act.
For the purpose of making an assessment under sub-section
of sub-section
of section 142], setting forth his total income for each completed
previous year comprised in the period referred to in sub-section
and his estimated total income for any
part of the previous year comprised in that period; and the provisions of this Act shall, so far as may be,
and subject to the provisions of this section, apply as if the notice were 4[a notice issued under clause
of sub-section
of section 142].
The tax chargeable under this section shall be in addition to the tax, if any, chargeable under any
other provision of this Act.
Where the provisions of sub-section
are applicable, any notice issued by the 2[Assessing
Officer] under 5[clause
of sub-section
of section 142 or] section 148 in respect of any tax
chargeable under any other provision of this Act may, notwithstanding anything contained in 5[clause
of sub-section
of section 142 or] section 148, as the case may be, require the furnishing of the return
by such individual within such period, not being less than seven days, as the 2[Assessing Officer] may
think proper.