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GOVERNMENT TRADING TAXATION ACT, 1926 [REPEALED]

Ministry of Law and Justice

Act nº 3 of 1926


  • Act nº 3 of 1926

Preamble

THE GOVERNMENT TRADING TAXATION ACT, 1926

[Act, No. 3 of 1926]

[AS ON 1956]

[24th February, 1926]

PREAMBLE

An Act to determine the liability of certain Governments to taxation {The words "in the Provinces of India" omitted by the A.O.1950} in respect of trading operations.

WHEREAS it is expedient to determine the liability to taxation for the time being in force {The words "in the Provinces of India" omitted by the A.O.1950} of the Government of any part of His Majesty's Dominions, {The words "exclusive of India" omitted, by the A.O.1950} {The words "or the Government of any Acceding State or other Indian State" omitted by Act 33 of 1950, section 2 and Schedule} in respect of any trade or business carried on by or on behalf of such Government;

It is hereby enacted as follows:

Section 1. Short title and commencement

(1) This Act may be called the Government Trading Taxation Act, 1926.

(2) It shall come into force on such date {1st April, 1926; see Gazette of India, Extraordinary, 1926, p.60.} as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Liability of certain Governments to taxation in respect of trading operations

(1) Where a trade or business of any kind is carried on by or on behalf of the Government of any part of His Majesty's Dominions, {The words "exclusive of India" omitted, by the A.O.1950} that Government shall, in respect of the trade or business and of all operations connected therewith, all property occupied in {Substituted by Act 33 of 1950, section 2 and Schedule, for "Part A States and Part C States".} [India] and all goods owned in {Substituted by Act 33 of 1950, section 2 and Schedule, for "Part A States and Part C States".} [India] for the purposes thereof, and all income arising in connection therewith, be liable

(a) to taxation under the Indian Income-tax Act, 1922 (11 of 1922), in the same manner and to the same extent as in the like case a company would be liable;

(b) to all other taxation for the time being in force in {Substituted by Act 33 of 1950, section 2 and Schedule, for " Part A States and Part C States".} [India] in the same manner as in the like case any other person would be liable.

{Sub-section (1A) inserted by the A.O.1948 omitted by Act 33 of 1950 section 2 and Schedule}

(2) For the purposes of the levy and collection of income-tax under the Indian Income-tax Act, 1922 (11 of 1922), in accordance with the provisions of sub-section (1), any Government to which that sub-section applies shall be deemed to be a company within the meaning of that Act, and the provisions of that Act shall apply accordingly.

(3) In this section the expression "His Majesty's Dominions" includes any territory which is under His Majesty's protection or in respect of which a mandate is being exercised by the Government of any part of His Majesty's Dominions {The words 'and "India" means the territory of India excluding the State of Jammu and Kashmir' inserted by Act 33 of 1950, section 2 and schedule omitted by Act 41 of 1954, section 2 and Schedule}

Section 3. Application of the Act to existing liability of Acceding or other Indian States

{Inserted by A.O.1950.} Where any Acceding State or other Indian State was liable for any tax under this Act in respect of any period before the 26th Of day of January, 1950, and such liability has, after that date, devolved {Substituted by Act 33 of 1950, section 2 and Schedule, for "upon an Acceding State or other Indian State.} [upon a Part BState], the provisions of section 2 shall apply in relation to that Part BState as they applied in relation to the corresponding Acceding State or other Indian State.]

Repealing Act1
Direct-Tax Laws (Miscellaneous) Repeal Act, 2000

THE DIRECT-TAX LAWS (MISCELLANEOUS) REPEAL ACT, 2000

[Act, No. 20 of 2000]

[9th June, 2000]

PREAMBLE

An Act to repeal certain enactments relating to direct taxes.

Be it enacted by parliament in the Fifty-first Year of the Republic of India as follows:--

1. Short title

This Act may be called the Direct-tax Laws (Miscellaneous) Repeal Act, 2000.

2. Repeal of certain enactments

The enactments specified in the Schedule are hereby repealed.

3. Savings

(1) The repeal by this Act of any enactment shall not--

(a) affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

(b) affect the validity, invalidity effect or consequences of anything already done or suffered, or any right, title, in immunity, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

(c) affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

(d) revive or restore any jurisdiction, office, custom, liability, right, title, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

(2) The mention of particular matters in sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.

THE SCHEDULE

(See section 2)

repeals

Year

Number

Short title

1926

3

The Government Trading Taxation Act, 1926.

1940

XV

The Excess Profits Tax Act, 1940.

1947

XXI

The Business Profits Tax Act, 1947.

1947

XXX

The Taxation on Income (Investigation Commission) Act, 1947.

1949

22

The Payment of Taxes (Transfer of Property) Act, 1949,

1949

67

The Taxation Laws (Extension to Merged States and Amendment) Act, 1949.

1953

34

The Estate Duty Act, 1953.

1954

38

The Madhya Bharat Taxes on Income (Validation) Act, 1954.

1962

9

The Estate Duty (Distribution) Act, 1962.

1965

1

The Income-tax (Amendment) Act, 1965.

1971

37

The Central Board of Direct Taxes (Validation of Proceedings) Act, 1971.

1971

62

The Companies (Surcharge on Income-tax) Act, 1971.

1976

8

The Voluntary Disclosure of Income and Wealth Act, 1976.

1981

7

The Special Bearer Bonds (Immunities and Exemptions) Act, 1981.

1991

47

The Voluntary Deposits (Immunities and Exemptions) Act, 1991.

1942

LX

The Income-tax and Excess Profits Tax (Emergency) Ordinance, 1942.

1943

IV

The Income-tax Proceedings Validity Ordinance, 1943.

1943

XVI

The Excess Profits Tax Ordinance, 1943.