Income Tax Act, 1961
Section 4: Subs. by s. 4, ibid., for “Commissioner” (w.r.e.f. 12013).
4. Subs. by s. 4, ibid., for “Commissioner” (w.r.e.f. 12013).
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4. Application for approval.—(1) An application for approval of a superannuation fund or part of a
superannuation fund shall be made in writing by the trustees of the fund to the 1[Assessing Officer] by
whom the employer is assessable, and shall be accompanied by a copy of the instrument under which the
fund is established and by two copies of the rules 2[and, where the fund has been in existence during any
year or years prior to the financial year in which the application for approval is made, also two copies of
the accounts of the fund relating to such prior year or years (not being more than three years immediately
preceding the year in which the said application is made)] for which such accounts have been made up,
but the 3[4[Principal Chief Commissioner or Chief Commissioner] or 5[Principal Commissioner or
Commissioner]] may require such further information to be supplied as he thinks proper.
(2) If any alteration in the rules, constitution, objects or conditions of the fund is made at any time
after the date of the application for approval, the trustees of the fund shall forthwith communicate such
alteration to the 1[Assessing Officer] mentioned in sub-rule (1), and in default of such communication any
approval given shall, unless the 3[4[Principal Chief Commissioner or Chief Commissioner] or 5[Principal
Commissioner or Commissioner]] otherwise orders, be deemed to have been withdrawn from the date on
which the alteration took effect.
5. Contributions by employer when deemed to be income of employer.—Where any contributions
by an employer (including the interest thereon, if any) are repaid to the employer, the amount so repaid
shall be deemed for the purpose of income-tax 6*** to be the income of the employer of the previous year
in which it is so repaid.
6. Deduction of tax on contributions paid to an employee.— Where any contributions made by an
employer, including interest on contributions, if any, are paid to an employee during his lifetime 7[in
circumstances other than those referred to in clause (13) of section 10], 8[tax] on the amounts so paid shall
be deducted at the average rate of 8[tax] at which the employee was liable to 8[tax] during the preceding
three years or during the period, if less than three years, when he was a member of the fund, and shall be
paid by the trustees to the credit of the Central Government within the prescribed time and in such
manner as the Board may direct.
An application for approval of a superannuation fund or part of a
superannuation fund shall be made in writing by the trustees of the fund to the 1[Assessing Officer] by
whom the employer is assessable, and shall be accompanied by a copy of the instrument under which the
fund is established and by two copies of the rules 2[and, where the fund has been in existence during any
year or years prior to the financial year in which the application for approval is made, also two copies of
the accounts of the fund relating to such prior year or years (not being more than three years immediately
preceding the year in which the said application is made)] for which such accounts have been made up,
but the 3[4[Principal Chief Commissioner or Chief Commissioner] or 5[Principal Commissioner or
Commissioner]] may require such further information to be supplied as he thinks proper.
If any alteration in the rules, constitution, objects or conditions of the fund is made at any time
after the date of the application for approval, the trustees of the fund shall forthwith communicate such
alteration to the 1[Assessing Officer] mentioned in sub-rule
of section 10], 8[tax] on the amounts so paid shall
be deducted at the average rate of 8[tax] at which the employee was liable to 8[tax] during the preceding
three years or during the period, if less than three years, when he was a member of the fund, and shall be
paid by the trustees to the credit of the Central Government within the prescribed time and in such
manner as the Board may direct.