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SPECIAL BEARER BONDS (IMMUNITIES AND EXEMPTIONS) ACT, 1981 [REPEALED]

Ministry of Law and Justice

Act nº 7 of 1981


  • Act nº 7 of 1981

Preamble

THE SPECIAL BEARER BONDS (IMMUNITIES AND EXEMPTIONS) ACT, 1981

[Act, No. 7 of 1981]

PREAMBLE

An Act to provide for certain immunities to holders of Special Bearer Bonds, 1991 and for certain exemptions from direct taxes in relation to such bonds and for matters connected therewith

WHEREAS for effective economic and social planning it is necessary to canalize for productive purposes black money which has become a serious threat to the national economy;

AND WHEREAS with a view to such canalisation the Central Government has decided to issue at par certain bearer bonds to be known as the Special Bearer Bonds, 1991, of the face value of ten thousand rupees and redemption value, after ten years, of twelve thousand rupees;

AND WHEREAS it is expedient to provide for certain immunities and exemptions to render it possible for persons in possession of black money to invest thesame in the said Bonds;

BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:

Section 1. Short title, extent and commencement

(1) This Act may be called the Special Bearer Bonds (Immunities and Exemptions) Act, 1981.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 12th day of January, 1981.

Section 2. Definition

In this Act, "Special Bearer Bonds" means the Special Bearer Bonds, 1991, issued by the Central Government.

Section 3. Immunities

(1) Notwithstanding anything contained in any other law for the time being in force,--

(a) no person who has subscribed to or has otherwise acquired Special Bearer Bonds shall be required to disclose, for any purpose whatsoever, the nature and source of acquisition of such Bonds;

(b) no inquiry or investigation shall be commenced against any person under any such law on the ground that such person has subscribed to or has otherwise acquired Special Bearer Bonds; and

(c) the fact that a person has subscribed to or has otherwise acquired Special Bearer Bonds shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any such law.

(2) Nothing in sub-section (1) shall apply in relation to prosecution for any offence punishable under Chapter IX or Chapter XVII of the Indian Penal Code (45 of 1860), the Prevention of Corruption Act, 1947 (2 of 1947), or any offence which is punishable under any other law and which is similar to an offence punishable under either of those Chapters or under that Act or for the purpose of enforcement of any civil liability.

Explanation.-- For the purposes of this sub-section, "civil liability" does not include liability by way of tax under any law for the time being in force.

Section 4. Acquisition, etc., of bonds not to be taken into account for certain proceedings

Without prejudice to the generality of the provisions of section 3, the subscription to, or acquisition of, Special Bearer Bonds by any person shall not be taken into account for the purpose of any proceedings under the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act), the Wealth-lax Act, 1957 (27 of 1957) (hereinafter referred to as the Wealth-tax Act), or the Gift-tax Act, 1958 (18 of 1958) (hereinafter referred to as the Gift-tax Act) and, in particular, no person who has subscribed to, or has otherwise acquired, the said Bonds shall be entitled--

(a) to claim any set off or relief in any assessment, reassessment, appeal, reference or other proceeding under the Income-tax Act or to reopen any assessment or reassessment made under that Act on the ground that he has subscribed to or has otherwise acquired the said Bonds;

(b) to claim, in relation to any period before the date of maturity of the said Bonds, that any asset which is includible in his net wealth for any assessment year under the Wealth-tax Act has been converted into the said Bonds; or

(c) to claim, in relation to any period before the date of maturity of the said Bonds, that any asset held by him or any sum credited in his books of account or otherwise held by him represents the consideration received by him for the transfer of the said Bonds.

Section 5. Amendment of Act 43 of 1961

In the Income-tax Act--

(a) in section 2, in clause (14), after sub-clause (iv), the following sub-clause shall be inserted, namely:--

"(v) Special Bearer Bonds, 1991, issued by the Central Government;";

(b) in section 10, in clause (15), after sub-clause (ia), the following sub-clause shall be inserted, namely:--

"(ib) premium on the redemption of Special Bearer Bonds, 1991;".

Section 6. Amendment of Act 27 of 1957

In section 5 of the Wealth-tax Act, in sub-section (1), after clause (xvia), the following clause shall be inserted, namely:--

"(xvib) Special Bearer Bonds, 1991;".

Section 7. Amendment of Act 18 of 1958

In section 5 of the Gift-tax Act, in sub-section (i), after clause (ma), the following clause shall be inserted, namely:--

"(iiib) of property in the form of Special Bearer Bonds, 1991;".

Section 8. Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Aci, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty.

(2) Every order made under this section shall, as soon as may be, after it is made, be laid before each House of Parliament.

Section 9. Repeal and saving

(1) The Special Bearer Bonds (Immunities and Exemptions) Ordinance, 1981 (1 of 1981), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

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





Repealing Act 1 - 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.