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 INCOME-TAX ACT, 1961*[43 OF 1961] 
 [AS AMENDED BY FINANCE ACT, 2012] 
 An Act to consolidate and amend the law 
relating toincome-tax and super-tax 
 BE it enacted by Parliament in the Twelfth 
Year of the Republic of India as follows :—
 1. For applicability of the Act to State of Sikkim, see section 26 of the Finance Act, 
1989. 
 For extension of Act to Continental Shelf of India, see Notification No. GSR 304(E), 
dated 
 31-3-1983. For details, see Taxmann’s Master Guide to Income-tax Act. 
 2. For effective date for the applicability of the Act in the State of Sikkim, see 
Notification 
 No. SO 148(E), dated 23-2-1989. For details, see Taxmann’s Master Guide to 
Income-tax 
 Act. 
 3. Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 
 *Amendments made by the Finance Act, 2012, notwithstanding the dates from 
which they 
 come into effect, have been printed in italics enclosed with bold square brackets. 
 Amendments made by the Finance Act, 2011, coming into force from 1-4-2012, 
have also been 
 printed in italics but enclosed within medium square brackets.
 [(a) any rent10 or revenue10 derived10 from land10 which is 
situated in 
 India and is used for agricultural purposes;] 
 (b) any income derived from such land10 by— 
 (i) agriculture10; or 
 (ii) the performance by a cultivator or receiver of rent-in-kind of 
 any process ordinarily employed by a cultivator or receiver 
 of rent-in-kind to render the produce raised or received by 
 him fit to be taken to market10; or 
 (iii) the sale by a cultivator or receiver of rent-in-kind of the 
 produce raised or received by him, in respect of which no 
 process has been performed other than a process of the 
 nature described in paragraph (ii) of this sub-clause ;
 (i) all the property of the undertaking, being transferred by the 
 demerged company, immediately before the demerger, becomes 
 the property of the resulting company by virtue of the demerger; 
 (ii) all the liabilities relatable to the undertaking, being transferred by 
 the demerged company, immediately before the demerger, 
 become the liabilities of the resulting company by virtue of the 
 demerger; 
 (iii) the property and the liabilities of the undertaking or undertakings 
 being transferred by the demerged company are transferred at 
 values appearing in its books of account immediately before the 
 demerger; 
 (iv) the resulting company issues, in consideration of the demerger, 
 its shares to the shareholders of the demerged company on a 
 proportionate basis 81a[except where the resulting company itself 
 is a shareholder of the demerged company];
 (i) all the property of the undertaking, being transferred by the 
 demerged company, immediately before the demerger, becomes 
 the property of the resulting company by virtue of the demerger; 
 (ii) all the liabilities relatable to the undertaking, being transferred by 
 the demerged company, immediately before the demerger, 
 become the liabilities of the resulting company by virtue of the 
 demerger; 
 (iii) the property and the liabilities of the undertaking or undertakings 
 being transferred by the demerged company are transferred at 
 values appearing in its books of account immediately before the 
 demerger; 
 (iv) the resulting company issues, in consideration of the demerger, 
 its shares to the shareholders of the demerged company on a 
 proportionate basis 81a[except where the resulting company itself 
 is a shareholder of the demerged company];

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Sanjeev ghei

  • 1.
  • 2.  INCOME-TAX ACT, 1961*[43 OF 1961]  [AS AMENDED BY FINANCE ACT, 2012]  An Act to consolidate and amend the law relating toincome-tax and super-tax  BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows :—
  • 3.  1. For applicability of the Act to State of Sikkim, see section 26 of the Finance Act, 1989.  For extension of Act to Continental Shelf of India, see Notification No. GSR 304(E), dated  31-3-1983. For details, see Taxmann’s Master Guide to Income-tax Act.  2. For effective date for the applicability of the Act in the State of Sikkim, see Notification  No. SO 148(E), dated 23-2-1989. For details, see Taxmann’s Master Guide to Income-tax  Act.  3. Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.  *Amendments made by the Finance Act, 2012, notwithstanding the dates from which they  come into effect, have been printed in italics enclosed with bold square brackets.  Amendments made by the Finance Act, 2011, coming into force from 1-4-2012, have also been  printed in italics but enclosed within medium square brackets.
  • 4.  [(a) any rent10 or revenue10 derived10 from land10 which is situated in  India and is used for agricultural purposes;]  (b) any income derived from such land10 by—  (i) agriculture10; or  (ii) the performance by a cultivator or receiver of rent-in-kind of  any process ordinarily employed by a cultivator or receiver  of rent-in-kind to render the produce raised or received by  him fit to be taken to market10; or  (iii) the sale by a cultivator or receiver of rent-in-kind of the  produce raised or received by him, in respect of which no  process has been performed other than a process of the  nature described in paragraph (ii) of this sub-clause ;
  • 5.  (i) all the property of the undertaking, being transferred by the  demerged company, immediately before the demerger, becomes  the property of the resulting company by virtue of the demerger;  (ii) all the liabilities relatable to the undertaking, being transferred by  the demerged company, immediately before the demerger,  become the liabilities of the resulting company by virtue of the  demerger;  (iii) the property and the liabilities of the undertaking or undertakings  being transferred by the demerged company are transferred at  values appearing in its books of account immediately before the  demerger;  (iv) the resulting company issues, in consideration of the demerger,  its shares to the shareholders of the demerged company on a  proportionate basis 81a[except where the resulting company itself  is a shareholder of the demerged company];
  • 6.  (i) all the property of the undertaking, being transferred by the  demerged company, immediately before the demerger, becomes  the property of the resulting company by virtue of the demerger;  (ii) all the liabilities relatable to the undertaking, being transferred by  the demerged company, immediately before the demerger,  become the liabilities of the resulting company by virtue of the  demerger;  (iii) the property and the liabilities of the undertaking or undertakings  being transferred by the demerged company are transferred at  values appearing in its books of account immediately before the  demerger;  (iv) the resulting company issues, in consideration of the demerger,  its shares to the shareholders of the demerged company on a  proportionate basis 81a[except where the resulting company itself  is a shareholder of the demerged company];