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INTEREST-TAX ACT

Ministry of Law and Justice

Act nº 45 of 1974


  • Act nº 45 of 1974

Preamble

THE INTEREST-TAX ACT, 1974

[Act, No. 45 of 1974]

[23rd September, 1974]

PREAMBLE

An Act to impose a special tax on interest in certain cases.

BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:--

Section 1. Short title and extent

(1) This Act may be called The Interest Tax Act, 1974.

(2) It extends to the whole of India.

Section 2. Definitions

Section 2 - DefinitionsIn this Act, unless the context otherwise requires,--

(1) "assessee" means a person by whom interest-tax or any other sum of money is payable under this Act and includes--

(a) every person in respect of whom any proceeding under this Act has been taken for the assessment of his chargeable interest or of the amount of refund due to him or of the chargeable interest of any other person in respect of which he is assessable or of the amount of refund due to such other person;

(b) every person who is deemed to be an assessee in default under any provision of this Act;

(2) "assessment" includes re-assessment;

(3) "assessment year" means the period of twelve months commencing on the 1st day of April, every year;

(4) "Board" means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963;

(5) "chargeable interest" means the total amount of interest referred to in Section 5, computed in the manner laid down in Section 6;

1[(5A) "credit institution" means,--

(i) a banking company to which the Banking Regulation Act, 1949, applies (including any bank or banking institution referred to in Section 51 of that Act)2[ x x x x ];

(ii) a public financial institution as defined in Section 4A of the Companies Act, 1956;

(iii) a State financial corporation established under Section 3 or Section 3A or an institution notified under Section 46 of the State Financial Corporations Act, 1951 and

(iv) any other financial company;

(5B) "financial company" means a company, other than a company referred to in sub-clause (i), (ii) or (iii) of clause (5 A), being--

(i) a hire-purchase finance company, that is to say, a company which carries on, as its principal business, hire-purchase transactions or the financing of such transactions;

(ii) an investment company, that is to say, a company which carries on, as its principal business, the acquisition of shares, stock, bonds, debentures, debenture stock or securities issued by the Government or a local authority, or other marketable securities of a like nature;

(iii) a housing finance company, that is to say, a company which carries on, as its principal business, the business of financing of acquisition or construction of houses, including acquisition or development of land in connection therewith;

(iv) a loan company, that is to say, a company [not being a company referred to in sub-clauses (i) to (iii)] which carries on, as its principal business, the business of providing finance, whether by making loans or advances or otherwise;

(v) a mutual benefit finance company, that is to say, a company which carries on, as its principal business, the business of acceptance of deposits from its members and which is declared by the Central Government under Section 620 A of the Companies Act, 1956, to be a Nidhi or Mutual Benefit Society;3[x]

3[(va) a residuary non-banking company [other than a financial company referred to in sub-clause (i), (ii), (iii), (iv) or (v)] that is to say, a company which receives any deposit under any scheme or arrangement, by whatever name called, in one lump sum or in installments by way of contributions or subscriptions or by sale of units or certificates or other instruments or in any other manner; or]

(vi) a miscellaneous finance company, that is to say, a company which carries on exclusively, or almost exclusively, two or more classes of business referred to in the preceding sub-clauses;]

(6) "Income-tax Act" means the Income-tax Act, 1961;

4[(7) '"interest" means interest on loans and advances made in India and includes--

(a) commitment charges on unutilised portion of any credit sanctioned for being availed of in India; and

(b) discount on promissory notes and bills of exchange drawn or made in India, but does not include--

(i) interest referred to in sub-section (1B) of Section 42 of the Reserve Bank of India Act, 1934;

(ii) discount on treasury bills;]

(8) "prescribed" means prescribed by rules made under this Act;

5[(9) xxx]

(10) all other words and expressions used herein but not defined and defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act.

1. Inserted by Finance (No. 2) Act (49 of 1991), Section 91 (1-10-91).

2. Words "or a co-operative society engaged in carrying on the business of banking not being a co-operative society providing credit facilities to farmers or village artisans" omitted by Finance Act (18 of 1992), Section 103 (1-4-93).

3. Word "or" at the end of sub-clause (v) omitted and sub-clause (va) inserted by Finance Act (18 of 1992), Section 103 (1-4-93).

4. Clause (7) substituted by Finance (No. 2) Act (49 of 1991), Section 91 (1-10-91).

5. Clause (9) omitted by Finance (No. 2) Act (49 of 1991), Section 91 (1-10-91).


Section 3. Tax authorities

Section 3 - Tax authorities1[(1) The Income-tax authorities specified in Section 116 of the Income-tax Act shall be the interest-tax authorities for the purposes of this Act.

(1A) Every such authority shall exercise the powers and perform the functions of an interest-tax authority under this Act in respect of any person within his jurisdiction.

(1B) The jurisdiction of an interest-tax authority under this Act shall be the same as he has under the Income-tax Act by virtue of orders or directions issued under Section 120 of that Act (including orders or directions assigning the concurrent jurisdiction) or under any other provision of that Act.

(1C) The interest-tax authority having jurisdiction in relation to a credit institution which has no income assessable to income-tax under the Income-tax Act shall be the interest-tax authority having jurisdiction in respect of the area in which that institution carries on its business or has its principal place of business.

(1D) Section 118 of the Income-tax Act and any notification issued thereunder shall apply in relation to the control of interest-tax authorities as they apply in relation to the control of the corresponding income-tax authorities, except to the extent to which the Board may, by notification in the Official Gazette, otherwise direct in respect of any interest-tax authority.]

(2) All officers and persons employed in the execution of this Act shall observe and follow the orders, instructions and directions of the Board;

Provided that no such orders, instructions or directions shall be issued--

(a) so as to require any tax authority to make a particular assessment or to dispose of a particular case in a particular manner; or

(b) so as to interfere with the discretion of the Appellate Assistant Commissioner in the exercise of his appellate functions.

(3) Every Income-tax Officer2[or Assistant Commissioner] employed in the execution of this Act shall observe and follow the orders, instructions and directions issued for his guidance by the3[Director] or by the Commissioner or by the4[Additional Commissioner of Income-tax or the Deputy Commissioner] within whose jurisdiction he performs his functions.

1. Sub-section (1) substituted by Finance (No. 2) Act (49 of 1991), Section. 92 (1-10-91).

2. Inserted by Finance Act (32 of 1994), Section. 56 (1-6-94).

3. Substituted for the words "Director of Inspection" by Finance Act (32 of 1994), Section. 56 (1-6-94).

4. Substituted for the words "Inspecting Assistant Commissioner" by Finance Act (32 of 1994), Section. 56 (1-6-94).


Section 4. Charge of tax

Section 4 - Charge of tax1[(1) Subject to the provisions of this Act, there shall be charged on every scheduled bank for every assessment year commencing on or after the 1st day of April, 1975, a tax (in this Act referred to as interest-tax) in respect of its chargeable interest of the previous year at the rate of seven per cent of such chargeable interest.

2[Provided that the rate at which interest-tax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of March, 1983 shall be three and a half per cent. of such chargeable interest.]

[(2) Notwithstanding anything contained in sub-section (1) but subject to the other provisions of this Act, there shall be charged on every credit institution for every assessment year commencing on and from the 1st day of April, 1992, interest-tax in respect of its chargeable interest of the previous year at the rate of three per cent, of such chargeable interest.]

1. Section 4 renumbered as sub-section (1)'and sub-section (2) inserted by Finance (No. 2) Act (49 of 1991), Section 93(1-10-91).

2. Inserted by Finance Act (11 of 1983), Section 43 (w.r.e.f. 1-4-83).


Section 5. Scope of chargeable interest



Section 5 - Scope of chargeable interest1[5. Scope of chargeable interest.--

Subject to the provisions of this Act, the chargeable interest of any previous year of a credit institution shall be the total amount of interest (other than interest on loans and advances made to other credit institutions2[or to any co-operative society engaged in carrying on the business of banking]) accruing or arising to the credit institution in that previous year:

Provided that any interest in relation to categories of bad or doubtful debts referred to in Section 43D of the Income-tax Act shall be deemed to accrue or arise to the credit institution in the previous year in which it is credited by the credit institution to its profit and loss account for that year or, as the case may be, in which it is actually received by the credit institution, whichever is earlier.]

1. Substituted by Finance (No. 2) Act (49 of 1991), Section 94 (1-10-91).

2. Inserted by Finance Act (18 of 1992), Section 104 (w.r.e.f. 1-10-91).


Section 6. Computation of chargeable interest

Section 6 - Computation of chargeable interest(1) Subject to the provisions of sub-section (2), in computing the chargeable interest of a previous year, there shall be allowed from the total amount of interest (other than interest on loans and advances made to1[credit institutions] accruing or arising to the assessee in the previous year, a deduction in respect of the amount of interest which is established to have become a bad debt during the previous year:

Provided that such interest has been taken into account in computing the chargeable interest of the assessee of an earlier previous year and the amount has been written off as irrecoverable in the accounts of the assessee for the previous year during which it is established to have become a bad debt.

Explanation.-- For the removal of doubts, it is hereby declared that in computing the chargeable interest of a previous year, no deduction, other than the deduction specified in this sub-section, shall be allowed from the total amount of interest accruing or arising to the assessee.

(2) In computing the chargeable interest of a previous year, the amount of interest which accrues or arises to the assessee2[before the 1st day of August, 1974 or3[during the period commencing on the 1st day of April, 1985 and ending with the 30th day of September, 1991] shall not be taken into account.

1. Substituted for the words "scheduled banks" by Finance (No. 2) Act (49 of 1991), Section 95 (1-10-91).

2. Substituted for words, figures and letters "before the 1st day of August, 1974" by Finance Act, 1978 (19 of 1978), Section 33(1-4-1978).

3. Substituted for words, figures and letters "after the 31st day of March, 1985" by Finance (No. 2) Act (49 of 1991), Section 95 (1-10-91).


Section 7. Return of chargeable interest

Section 7 - Return of chargeable interest1[(1) In the case of every credit institution, its principal officer, or where in the case of a non-resident, credit institution any person has been treated as its agent under Section 163 of the Income-tax Act, such person, shall furnish a return of the chargeable interest of the credit institution of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, before the 31st day of December of the assessment year.

(2) Without prejudice to the provisions of sub-section (1), the Assessing Officer may, before the end of the relevant assessment year, serve a notice upon the principal officer of any credit institution, or where in the case of a non-resident credit institution any person has been treated as its agent under Section 163 of the Income-tax Act, upon such person, requiring him to furnish within thirty days from the date of service of the notice a return of the chargeable interest of the credit institution of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed.]

(3) Any assessee who has not furnished a return within the time allowed under sub­section (1) or sub-section (2), or having furnished a return under sub-section (1) or sub­section (2), discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time2[before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.]

1. Substituted by Finance (No. 2) Act (49 of 1991), Section. 96 (1-10-91).

2. Substituted for the words "before the assessment is made" by Finance (No. 2) Act (49 of 1991), Section. 96 (1-10-91).


Section 8. Assessment





Section 8 - Assessment (1) For the purposes of making an assessment under this Act, the 1 [Assessing Officer] may serve on any person who has furnished a return under Section 7 or upon whom a notice has been served under sub-section (2) of Section 7 (whether a return has been furnished or not) a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents or evidence as the1 [Assessing Officer] may require for the purposes of this Act and may, from time to time, serve further notices requiring the production of such further accounts or documents or other evidence as he may require.

(2) The 1 [Assessing Officer], after considering such accounts, documents or evidence, if any, as he has obtained under sub-section (1) and after taking into account any relevant material which he has gathered, shall, by an order in writing, assess the chargeable interest and the amount of the interest-tax payable on the basis of such assessment.

2 [(3) If any person--

(a) fails to make a return as required under sub-section (1) of Section 7 and has not made a return or a revised return under sub-section (3) of that Section, or

(b) fails to comply with all the terms of notice under sub-section (2) of that Section,

the Assessing Officer shall, after taking into account all the relevant material which he has gathered and after giving the assessee an opportunity of being heard, make the aassessment of the total chargeable interest to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment:

Provided that such opportunity shall be given by the Assessing Officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice, why the assessment should not be completed to the best of his judgment:

Provided further that it shall not be necessary to give such opportunity in a case where a notice under sub-section (1) has been issued prior to the making of an assessment under this section.]

1.Substituted for the words "Income-tax Officer" by Finance (No. 2) Act (49 of 1991), Section 97 (1-10-91).

2.Inserted by Finance (No. 2) Act (49 of 1991), Section 97 (1-10-91).


Section 9. Self-assessment



Section 9 - Self-assessment 1 [9. Self-assessment.--

(1) Where interest-tax is payable on the basis of any return required to be furnished under Section 7 or Section 10, after taking into account the amount of interest-tax, if any, already paid under any provision of this Act, the assessee shall be liable to pay such interest-tax, together with interest payable under any provision of this Act for any delay in furnishing the return or any default or delay in payment of advance interest-tax, before furnishing the return and the return shall be accompanied by proof of payment of such interest-tax and interest.

Explanation.-- Where the amount paid by the assessee under this sub-section falls short of the aggregate of the interest-tax and interest as aforesaid, the amount so paid shall first be adjusted towards the interest payable as aforesaid and the balance, if any, shall be adjusted towards the interest-tax payable.

(2) After the assessment under Section 8 has been made, any amount paid under subsection (1) shall be deemed to have been paid towards such assessment.

(3) If any assessee fails to pay the whole or any part of interest-tax or interest or both in accordance with the provisions of sub-section (1), he shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of the interest-tax or interest; or both remaining unpaid, and all the provisions of this Act shall apply accordingly.]

1.Substituted by Finance (No. 2) Act (49 of 1991), S. 98 (1-10-91).


Section 10. Interest escaping assessment

Section 10 - Interest escaping assessmentIf--

(a) the1[Assessing Officer] has reason to believe that by reason of the omission or failure on the part of the assessee to make a return under Section 7 for any assessment year or to disclose fullly and trully all material facts necessary for his assessment for any assessment year, chargeable interest for that year has escaped assessment or has been under-assessed or has been made the subject of excessive, relief under this Act, or

(b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the1[Assessing Officer] has, in consequence of information in his possession, reason to believe that chargeable interest assessable for any assessment year has escaped assessment or has been under-assessed or has been made the subject of excessive relief under this Act

he may, in cases falling under clause (a), at any time, and in cases falling under clause (b), at any time within four years of the end of that assessment year, serve on the assesee a notice containing all or any of the requirements which may be included in a notice under Section 7, and may proceed to assess or re-assess the amount chargeable to interest-tax, and the provisions of this Act shall, so far as may be, apply, as if the notice were a notice issued under that section.

1. Substituted for the words "Income-tax Officer" by Finance (No. 2) Act (49 of 1991), Section 99 (1-10-91).


Section 10A. Time limit for completion of assessments and re-assessments





Section 10A - Time limit for completion of assessments and re-assessments 1 [10A. Time limit for completion of assessments and re-assessments.--

(1) No order of assessment shall be made under Section 8 at any time after the expiry of two years from the end of the assessment year in which the interest was first assessable.

(2) No order of assessment or re-assessment shall be made under Section 10 after the expiry of two years from the end of the financial year in which the notice under that section was served.

(3) Notwithstanding anything contained in sub-sections (1) and (2), and order of fresh assessment in pursuance of an order passed under Section 15, Section 16, Section 19 or Section 20, setting aside or canceling an assessment may be made at any time before the expiry of two years from the end of the financial year in which the order under Section 15 of Section 16 is received by the Commissioner or, as the case may be, the order under Section 19 or Section 20 is passed by the Commissioner.

(4) The provisions of sub-sections (1) and (2) shall not apply to the assessment or re-assessment made in consequence of, or to give effect to, any finding or direction contained in an order under Section 15 or Section 16 or Section 19 or Section 20 of this Act or Section 256 or Section 260 of the Income-tax Act as applicable to this Act by virtue of Section 21 of this Act or in an order of any Court in a proceeding otherwise than by way of appeal or reference under this Act and such assessment or re-assessment may, subject to the provisions of sub-section (3), be completed at any time.

Explanation 1.-- In computing the period of limitation for the purposes of this section-

(i) the time taken in reopening the whole or any part of the proceeding; or

(ii) the period during which the assessment proceeding is stayed by an order or injunction of any Court,

shall be excluded.

Explanation 2.-- Where, by an order referred to in sub-section (4), any interest is excluded from the chargeable interest for an assessment year in respect of an assessee, then, an assessment of such interest for another assessment year shall, for the purposes of Section 10 and this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order.]

1.Inserted by Finance (No. 2) Act (49 of 1991), Section 100 (1-10-91).


Section 11. Advance payment of interest-tax



Section 11 - Advance payment of interest-tax 1 [11. Advance payment of interest-tax.--

(1) Interest-tax shall be payable in advance during the financial year in respect of the chargeable interest for the assessment year immediately following that financial year in accordance with the provision of this Section.

(2) Interest-tax shall be payable in advance in three installments during each financial year, the due date of, and the amount payable in, each such installment being as specified in the following Table:

TABLE

Due date of installment

Amount payable

On or before the 15th September

Not less than twenty per cent, of such interest-tax Payable in advance.

On or before the 15th December

Not less than fifty per cent, of such interest-tax payable in advance, as reduced by the amount, if any, paid in the earlier installment.

On or before the 15th March

The whole amount of such interest-tax payable in advance as reduced by the amount or amounts, if any, paid in the earlier installment or installments:

Provided that any amount paid by way of interest-tax payable in advance on or before the 31st day of March shall also be treated as interest-tax paid in advance during the financial year ending on that day for all the purposes of this Act.

1.Substituted for Sections. 11 to 13 by Finance (No. 2) Act (49 of 1991), Section 101(1-10-91).


Section 12. Interest for default in furnishing return of chargeable interest

(1) Where the return of chargeable interest for any assessment year under sub-section (1) of section 7, or in response to a notice under sub-section (2), of that section is furnished after the due date, or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the date immediately following the due date, and,--

(a) where the return is furnished after the due date, ending on the date of the furnishing of the return; or

(b) where no return has been furnished, ending on the date of completion of assessment under sub-section (3) of section 8, on the amount of the interest-tax on the chargeable interest as determined under sub-section (2) or sub-section (3) of section 8 as reduced by the interest-tax paid in advance.

Explanation 1.-- In this section, "due date" means the 31st day of December of the relevant assessment year or, as the case may be, the date on which return in response to a notice under sub-section (2) of section 7 is due to be filed.

Explanation 2.-- Where in relation an assessment year, an assessment is made for the first time under Section 10, the assessment so made shall be regarded as assessment made under sub-section (2), or, as the case may be, sub-section (3) of section 8.

Explanation 3.-- For the purposes of computing the interest payable under section 9 interest-tax on the chargeable interest declared in the return shall be deemed to be the interest-tax on total chargeable interest determined under sub-section (2) or sub-section (3) of section 8.

(2) The interest payable under sub-section (1) shall be reduced by the interest, if any, paid under section 9 towards the interest chargeable under this section.

(3) Where the return of chargeable interest for any assessment year, required by a notice under section 10 issued after the completion of assessment under sub-section (2) or sub-section (3) of section 8 or section 10 is furnished after the expiry of the time allowed under such notice or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the date immediately following the expiry of time allowed as aforesaid, and,--

(a) where the return is furnished after the expiry of the time aforesaid, ending on the date of furnishing the return; or

(b) where no return has been furnished, ending on the day of completion of the re-assessment under section 10.

on the amount by which the interest-tax on the chargeable interest as determined on the basis of such re-assessment exceeds the interest-tax on chargeable interest on the basis of earlier assessment aforesaid.

(4) Where, as a result of an order under section 15 or section 17 of this Act or section 254 or section 260 or section 262 of the Income-tax Act, as applicable to this Act by virtue of section 21 of this Act, the amount on which interest was payable under sub-section (1) or sub-section (3) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and--

(i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the Income-tax Act as applicable to this Act by virtue of Section 21, and the provisions of this Act shall apply accordingly;

(ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded.

(5) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent years.

Section 12A. Interest for default in payment of interest-tax in advance

(1) Subject to the other provisions of this section, where in any financial year, an assessee, who is liable to pay interest-tax in advance under section 11 has failed to pay such tax, or where the interest-tax paid in advance by such assessee is less than ninety per cent. of the assessed interest-tax, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period from the 1 st day of April next following such financial year to the date of determination of chargeable interest under sub-section (2) or, as the case may be, sub-section (3) of section 8 on an amount equal to the assessed interest-tax, or, as the case may be, on the amount by which the interest-tax payable in advance falls short of the assessed interest-tax.

Explanation 1.-- In this section "assessed interest-tax" means,--

(a) for the purpose of computing the interest payable under section 9, the interest-tax on the chargeable interest as declared in the return referred to in that section;

(b) in any other case, interest-tax on chargeable interest as determined under sub-section (2) or, as the case may be, sub-section (3) of section 8.

Explanation 2.-- Where, in relation to an assessment year, an assessment is made for the first time under section 10, the assessment so made shall be regarded as assessment made under sub-section (2) or, as the case may be, sub-section (3) of section 8.

(2) Where, before the date of completion of assessment under sub-section (2) or subsection (3) of section 8, interest-tax is paid by the assessee under section 9 or otherwise,--

(i) interest shall be calculated in accordance with the foregoing provisions of this section up to the date on which the tax is so paid, and reduced by the interest, if any, paid under section 9 towards the interest chargeable under this section:

(ii) thereafter, interest shall be calculated at the rate aforesaid on the amount by which the tax so paid together with interest-tax paid in advance falls short of the assessed interest-tax.

(3) Where, as a result of an order of re-assessment under section 10, the amount on which the interest was payable under sub-section (1) is increased, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the day following the completion of the assessment under sub-section (2) or, as the case may be, sub-section (3) of section 8 referred to in sub-section (1) and ending on the date of re-assessment under section 10, on the amount by which the interest-tax on the basis of the re-assessment exceeds the interest-tax on the chargeable interest determined on the basis of assessment under sub-section (2) or, as the case may be, sub-section (3) of section 8.

(4) Where, as a result of an order under section 15 or section 17 of this Act or section 254 or section 260 or section 262 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act, the amount on which interest was payable under sub-section (1) or sub-section (3) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and--

(i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act, and provisions of this Act shall apply accordingly;

(ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded.

(5) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent assessment years.