14. The amendments made by the Finance Act, 1969 to the Income-tax Act, 1961, may be broadly classified under the following heads :

Treatment of public companies whose equity shares are listed in a recognised stock exchange in India as widely-held companies

15. The Income-tax Act makes a distinction in tax treatment as between a domestic company in which the public are substantially interested (widely-held domestic company) and one in which the public are not substantially interested (closely-held domestic company). Closely-held companies are required, subject to certain exceptions, to distribute dividends up to the statutory percentage of their distributable income, failing which they are liable to pay an additional income-tax with reference to their undistributed profits. Closely-held companies are (subject to certain exceptions) also liable to income-tax on their incomes at rates which are higher than in the case of widely-held domestic companies.

16. A public company is treated for the purpose of income-tax as "a company in which the public are substantially interested" only if it satisfies the various tests laid down in the definition of that term in section 2(18). One of these tests is that not less than 50 per cent of its equity capital should have been beneficially held throughout the relevant accounting year by Government, a statutory corporation, any other company in which the public are substantially interested (or a wholly-owned subsidiary of such a company) or by members of the public (excluding a director of the company or a closely-held company). Another test is that the shares in the company were dealt with in any recognised stock exchange in India at any time during the relevant accounting year or were freely transferable by the shareholders to other members of the public. A further test required to be satisfied by the company is that its affairs or shares carrying more than 50 per cent of its total voting power were, at no time during the relevant accounting year, controlled or held by five or fewer persons. In applying this test, persons who are relatives of one another, and persons who are nominees of any other person together with that other person, are treated as a single person. The application of all these tests, which have to be satisfied by a company cumulatively, involves an enquiry into the control and distribution of the ownership of its equity shares throughout the relevant accounting year, which is time-consuming and gives rise to uncertainty about the company’s tax liability, besides leading to litigation.

17. The Finance Act, 1969 has accordingly amended section 2(18) to secure that a public company whose equity shares are listed in a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956, and the rules made thereunder will be treated as "a company in which the public are substantially interested" without applying to it any of the above-mentioned tests. These tests (other than the one relating to the shares in the company being the subject matter of dealings in a recognised stock exchange in India, which has been deleted in consequence of the new provision stated above) will be applied only in the case of a public company whose equity shares are not listed in a recognised stock exchange in India.

18. The amendment of section 2(18) takes effect from 1-4-1970 and will, therefore, be operative for the assessment year 1970-71 and subsequent years.

Rationalisation and simplification of the existing scheme for payment of advance tax under the Income-tax Act

19. The Finance Act, 1969 has made several changes in the provisions relating to advance tax contained in the Income-tax Act. These changes take effect, generally, from 1-4-1969; but those relating to charging of interest for non-furnishing of estimate of the advance tax payable or short payment of advance tax on the taxpayer’s own estimate and levy of penalty for false estimates or failure without reasonable cause to furnish an estimate of the advance tax payable, etc., are operative from 1-4-1970, i.e., for the assessment year 1970-71 and subsequent years. The main features of the changes made by the Finance Act, 1969 in the provisions in the Income-tax Act relating to advance tax are explained in the following paragraphs.

20. No advance tax will be payable in cases where the income subject to advance tax does not exceed the following limits :

	Rs.
a. In the case of a company or a local authority [In these cases, the limit is the same as before]	2,500
b. In the case of a registered firm [Formerly, the exemption limit was Rs.27,500]	30,000
c. In the case of a person other than a company, local authority or a registered firm—
(i) for non-residents	5,000
(ii) for others	10,000

Formerly, the exemption limit in the case of non-residents was Rs. 2,500 and in other cases, it was Rs. 6,500.

[Section 208 of the Income-tax Act as amended by section 12 of the Finance Act, 1969, with effect from 1-4-1969]

21. In computing the advance tax payable, the tax deductible at source on the gross amount of income which is subject to such deduction and which has been taken into account in computing the total income will be set off against the tax calculated on the income subject to advance tax and the balance will be the advance tax payable. Under the law prior to its amendment by the Finance Act, 1969, such set off was allowable for the tax deductible at source only on that part of the income subject to deduction of tax which was included in the total income. The following examples will make the position clear :

[Under the law prior to its amendment by the Finance Act, 1969, the tax deductible at source on inter-corporate dividends of Rs. 1 lakh only, which is included in the total income, could be set off against the advance tax calculated on the last assessed income.]

[Under the law prior to its amendment, the tax deductible at source on the net amount of interest of Rs. 20,000 only, which is included in the total income could have been set off against the advance tax calculated on the last assessed income.]

22. Under the amended law, advance tax will be payable during the financial year 1969-70 and subsequent years by all categories of persons in three equal instalments, as against four instalments for certain categories of cases and three for others, under the law prior to its amendment. The due dates of instalments under the new scheme are :

Under the proviso to section 211(1), the Central Board of Direct Taxes (Board) may, by a notification in the Official Gazette, authorise any class of assessees for whom the last instalment of advance tax falls due on December 15, as stated at (1) above, to pay such last instalment on March 15 of the financial year, subject to such conditions as may be specified in the notification. The Board will, in issuing such a notification, take into account the nature of dealings in the business carried on by such assessees, the method of accounting followed by them and other relevant factors.

Payment of lower amount of advance tax on taxpayer’s own estimate of his current income

23. Hitherto, a person required to pay advance tax in accordance with the demand notice issued under section 210 could pay a lower amount of advance tax only if the current income (i.e., income of the previous year relevant to the assessment year next following the financial year) as estimated by him was less than the income on which the demand for advance tax was based. This provision has been liberalised to permit the payment of a lower amount of advance tax than that demanded, also if, for any other reason, the taxpayer considers that the advance tax payable by him on his current income would be lower than the amount demanded. For instance, where advance tax has been demanded from a domestic company at the rate of 65 per cent on its last assessed income, on the footing that it is a closely-held non-industrial company, but the company has, during the current year qualified for being treated as a widely-held company, or as a closely-held industrial company, it will be permissible for it to pay advance tax calculated at the rate of tax applicable to widely-held companies or to closely-held industrial companies, as the case may be.

New provision laying statutory obligation on taxpayers to pay a higher amount of advance tax than that demanded in certain cases

24. The Finance Act, 1969 has inserted a new sub-section (3A) in section 212, under which persons from whom advance tax has been demanded by an order under section 210 will be under an obligation to estimate their current income and pay advance tax thereon if such tax exceeds the advance tax demanded by more than one-third of the latter amount. The higher amount of advance tax in such cases will be payable on such of the due dates of instalments of advance tax as have not expired. It will be open to the taxpayer to revise his estimate.

Charging of interest in cases of short payments of advance tax on the taxpayer’s own estimate

25. Section 215 provides for the charging of interest, at the time of regular assessment, from persons who have paid advance tax on their own estimate in an amount which falls short of the assessed tax by more than 25 per cent thereof. The interest is calculated on the amount by which the advance tax paid falls short of 75 per cent of the assessed tax. This provision continues to be applicable to assessments for assessment years up to and inclusive of the assessment year 1969-70. However, under the provisions of section 215 as amended by the Finance Act, 1969, with effect from 1-4-1970 (i.e., for the assessment year 1970-71 and subsequent years), the interest will be calculated on the amount by which the advance tax paid falls short of the assessed tax, instead of the shortfall from only 75 per cent thereof. The condition of liability to the penal interest remains unchanged, that is to say, interest will be chargeable only in cases where the shortfall in payment of advance tax is more than 25 per cent of the assessed tax.

26. The amended provision will apply also in cases where there is a short payment of advance tax on an estimate furnished by the taxpayer under the new sub-section (3A) of section 212 referred to in paragraph 24 above.

Charging of interest where no estimate of the advance tax payable is furnished

27. Section 217 provides for the charging of interest, at the time of regular assessment, in the case of a person who was not assessed to tax previously but did not furnish an estimate of the advance tax payable by him in accordance with section 212(3). The interest is to be calculated on an amount equal to 75 per cent of the tax determined on regular assessment. This provision continues to be applicable up to and inclusive of the assessment year 1969-70. However, the provisions of section 217 have been amended by the Finance Act, 1969, with effect from 1-4-1970, i.e., for the assessment year 1970-71 and subsequent years. Under the amended provisions, the interest chargeable from a person who had previously not been assessed to tax for not furnishing the estimate of advance tax payable by him will be calculated on the entire amount of the assessed tax, instead of on 75 per cent thereof.

28. Further, under the amended provisions, interest will also be chargeable in the case of a person from whom advance tax has been demanded by a notice under section 210 but who has not complied with the requirement under the new sub-section (3A) of section 212 of furnishing an estimate of his current income and of paying the advance tax on that basis, if such tax exceeds the advance tax demanded by more than one-third of the latter. In such a case, the interest will be calculated on the amount by which the advance tax actually paid falls short of the assessed tax.

Penalty for false estimate of advance tax or default in furnishing the estimate of advance tax under the new sub-section (3A) of section 212

29. Section 273 provides for imposition of penalty on a person who furnishes a false estimate of advance tax under section 212 or who defaults without reasonable cause, in furnishing an estimate of the advance tax payable by him under section 212(3). The Finance Act, 1969 has substituted a new section for the existing section 273 with effect from 1-4-1970, i.e., for the assessment year 1970-71 and subsequent years. Under the new provisions, penalty will be imposable also in a case where a person furnishes a false estimate of the advance tax payable by him under the new sub-section (3A) of section 212, or fails, without reasonable cause, to furnish such an estimate. The scale of penalty for such defaults will be as under :

1. In a case where a false estimate has been furnished under the new sub-section (3A) of section 212, the base for calculating the penalty will be the amount by which the advance tax actually paid falls short of 75 per cent of the assessed tax or the advance tax demanded by a notice under section 210, whichever is less; the quantum of the penalty will be a minimum of 10 per cent and a maximum of one and one-half times of such shortfall.

2. In a case where a person has failed, without reasonable cause, to furnish the estimate of advance tax payable by him under the new sub-section (3A) of section 212, the base for calculating the penalty will be the amount by which the tax demanded by a notice under section 210 falls short of 75 per cent of the assessed tax; the quantum of the penalty will be a minimum of 10 per cent and a maximum of one and one-half times of such shortfall.

30. The new provisions of section 273 are applicable for the assessment year 1970-71 and subsequent years. The levy of penalty for defaults in the matter of advance tax for the assessment year 1969-70 and earlier years will be governed by the provisions of section 273 before its amendment by the Finance Act, 1969.

31. In consequence of the changes made in the scheme of advance tax payments, through the Finance Act, 1969, the Board has made certain amendments to rule 39 of the Income-tax Rules relating to estimate of advance tax and also Form No. 28 (demand notice under section 156 for payment of advance tax) together with the Enclosure thereto, and Form No. 29 (estimate of advance tax under section 212) prescribed under the Rules. These amendments have been notified in the Gazette of India, Extraordinary, dated 23-5-1969 in Notification No. SO 2000 of that date.

Expenditure in businesses or professions for which any payment exceeding Rs. 2,500 at a time is to be made under section 40A(3), by a crossed bank cheque or draft

32. A provision was made by the Finance Act, 1968 in section 40A(3) for disallowance of expenditure in businesses and professions for which payment is made (after a date to be notified by Government) in an amount exceeding Rs. 2,500, unless the payment is made by a crossed bank cheque or draft. This provision is not to apply in the cases and circumstances notified in the Income-tax Rules. Under the Government’s Notification No. SO 623, dated 14-2-1969, the above-mentioned provision has been given effect in relation to payments made after 31-3-1969. The cases and circumstances in which this provision will not be operative have also been specified in the Income-tax Rules under Notification No. SO 624, dated 14-2-1969. These exceptions (set forth in new rule 6DD of the Income-tax Rules, 1962) were notified after considering the views expressed by Chambers of Commerce and other public bodies on the draft Rules published earlier, and cover broadly the following categories of payments :

1. Payments made to the Reserve Bank of India, the State Bank of India, other banking institutions including co-operative banks and land mortgage banks, agricultural credit societies, the Life Insurance Corporation of India, Unit Trust of India and specified financial institutions.

2. Payments made to Government in cases where, under the rules framed by it, such payment is required to be made in legal tender.

3. Payments which, under a contract entered into by the taxpayer before 1-4-1969, have to be made in legal tender.

4. Certain categories of payments made through the banking system, e.g., letters of credit, mail or telegraphic transfers, inter-bank book adjustments and bills of exchange made payable only to a bank.

5. Payments made by book adjustment by the taxpayer in the account of the payee against money due to the taxpayer for any goods supplied or services rendered by the taxpayer to the other party.

6. Payments made to cultivators, growers or producers for purchase of agricultural or forest produce, animal husbandry products (including hides and skins), products of dairy or poultry farming; products of horticulture or apiculture; fish or fish products; or the products of any cottage industry run without the aid of power.

7. Payments made in a village or town not served by any bank to any person ordinarily residing or carrying on any business or profession in any such village or town.

8. Payments of terminal benefits, such as gratuity or retrenchment compensation, to low-paid employees or members of their families.

Besides, there is a residuary exception to the operation of the provisions of section 40A(3) in a case where the taxpayer establishes that the payment could not be made by a crossed bank cheque or draft due to exceptional or unavoidable circumstances and also furnishes evidence as to the genuineness of the payment and the identity of the payee.

33. It may be noted that the provision in section 40A(3) is applicable to all categories of expenditure incurred in businesses and professions, including expenditure on purchase of raw materials, stores or goods, salaries to employees and also other expenditure or professional services, or by way of brokerage, commission, interest, etc. In general, it may be stated that the provision applies to all payments for which a deduction is admissible in computing the taxable income of the payer. By this test, therefore, the provision does not apply to the advancement of loans or repayment of the principal amount of any loan, as these do not constitute expenditure deductible in computing taxable income. However, payments of interest in amounts exceeding Rs. 2,500 at a time have to be made by crossed bank cheque or draft in order to qualify for deduction in computing the taxable income. Similarly, the provision does not apply to payments made by commission agents (arhatiyas) for goods received by them for sale on commission on consignment basis, because such a payment is not an expenditure deductible in computing the taxable income of the commission agent. For the same reason, the requirement does not also apply to advance payments made by the commission agent to the party concerned against supply of goods. However, where a commission agent purchases goods on his own account and not on commission basis, the requirement will apply to payments made for such purchases.

Provision protecting payer against legal proceedings merely on the ground of payment not having been made or tendered in cash or in any other manner

34. At the time of consideration of the Finance Bill, 1968 in Parliament, apprehensions were expressed in certain quarters that difficulties might arise in the operation of the provisions in section 40A(3) unless persons who make payments by crossed cheques or bank drafts were protected from legal action on the ground that the payment was not made in legal tender. In order to secure the smooth operation of the provisions of section 40A(3), the Finance Act, 1969 has made a further provision, in new sub-section (4) of section 40A, to the effect that where a taxpayer makes a payment in an amount exceeding Rs. 2,500 by crossed bank cheque or draft in order to avoid disallowance of the expenditure under section 40A(3), no person shall be allowed to raise, in any suit or other proceeding, a plea based on the ground that the payment was not made or tendered in cash or any other manner. This provision is effective from 1-4-1969, that being the date from which the requirement of section 40A(3) of making payments in respect of expenditure in businesses and professions in amounts exceeding Rs. 2,500 by crossed bank cheques or drafts has become effective under Notification No. SO 623, dated 14-2-1969.

35. It may be noted that the provision in the new sub-section (4) of section 40A does not preclude the recipient of the payment from taking recourse to the remedies open to him under the law for realising the amount due to him in a case where he fails to obtain payment on the cheque issued by the payer. The provision is intended merely to protect persons making payment by a crossed bank cheque or draft in order to comply with the provisions of section 40A(3) from being subjected to legal proceedings for not making the payment in cash or in any other manner. The protection extends even to cases where the recipient of the payment would have been entitled to be paid in cash or in any other manner under any law for the time being in force or under any contract. It may be recalled that under one of the exceptions in the new rule 6DD referred to in paragraph 32 above, payments made in legal tender under contracts entered into by the taxpayer before 1-4-1969 will not be subjected to disallowance under section 40A(3).

Increase in the quantum of deduction in respect of business income in the case of co-operative societies

36. The Finance Act, 1969 has amended section 80P. Under one of the amendments, the amount of deduction in respect of business income (other than from specified business activities in respect of which the whole of the business income is exempt) admissible in computing the total income of a co-operative society has been increased from Rs. 15,000 to Rs. 20,000. The other amendment deletes sub-section (4) of section 80P. The result of this deletion is that co-operative societies deriving income from insurance business will also be eligible for the deduction of Rs. 20,000 in the computation of their taxable income. The rationale and effect of these changes have been explained already in paragraphs 5 to 8. The amendments to section 80P will be effective from 1-4-1970 and will, accordingly, be operative in respect of the assessment year 1970-71 and subsequent years.

Treatment of the cotton textile and jute textile industries as priority industries for the purpose of grant of development rebate

37. A taxpayer who acquires a new ship or instals new machinery or plant for the purpose of his business is entitled, under the Income-tax Act, to a deduction on account of development rebate calculated at a specified percentage of the cost of such ship or machinery or plant. The rate of development rebate on new ship is 40 per cent. In respect of new machinery or plant installed up to 31-3-1970, the rate of development rebate for a "priority industry" (i.e., an industry manufacturing or producing any of the articles or things specified in the Fifth Schedule to the Income-tax Act) is 35 per cent of the cost of such machinery and plant; and for any other industry it is 20 per cent. In respect of new machinery and plant installed after 31-3-1970, the rates of development rebate will, under the present law, stand reduced to 25 per cent and 15 per cent respectively.

38. To facilitate the modernisation of two of our important export industries, namely, the cotton textile industry and the jute textile industry, so as to increase their productive capacity and strengthen their competitive position in world markets, the Finance Act, 1969 extends to these two industries the "priority industry" treatment for the purpose of development rebate. This is brought about by adding the following two items to the list of articles and things relating to priority industries for the purpose of development rebate, contained in the Fifth Schedule to the Income-tax Act, with effect from 1-4-1970 :

"(32) Textiles (including those dyed, printed or otherwise processed) made wholly or mainly of cotton, including cotton yarn, hosiery and rope.

(33) Textiles (including those dyed, printed or otherwise processed) made wholly or mainly of jute, including jute twine and jute rope."

The effect of adding these items to the list of articles and things in the Fifth Schedule is that all new machinery and plant installed in a cotton textile mill or a jute textile mill in any accounting year relevant to the assessment year 1970-71 (e.g. Samvat year ending on Diwali day in 1969, calendar year 1969 or financial year 1969-70) or any later year, will qualify for development rebate at the higher rate as for priority industries. As already stated, such higher rate will be 35 per cent of the cost of new machinery and plant where it is installed up to 31-3-1970 and 25 per cent where it is installed after that date.

Extension of "tax holiday" concession to new industrial undertakings commencing production or operation, and ships brought into use by Indian companies, after 31-3-1971, at any time during the five-year period up to 31-3-1976

39. The Income-tax Act provides a "tax holiday" for a specified period on profits derived by any taxpayer from a newly set up industrial undertaking manufacturing articles or operating a cold storage plant in India, as also profits derived by an Indian company from a ship owned by it or the business of an approved hotel carried on by it, subject to certain conditions. The "tax holiday" consists in the exemption from tax of profits up to 6 per cent per annum of the capital employed in the undertaking, ship or hotel. In the case of an industrial undertaking owned by a co-operative society, the period of the "tax holiday" is 7 years and in other cases, 5 years, from the year in which the undertaking commences production or operation. In the case of a ship or approved hotel, the period of the "tax holiday" is five years from the year in which the ship is brought into use or the hotel starts functioning. Any deficiency from 6 per cent per annum return on the capital during the "tax holiday" period is allowed to be carried forward and set off against the profits of subsequent years up to a period of 8 years from the initial year. Shareholders of companies are exempt from tax on dividends which are attributable to the "tax holiday" profits of the company paying the dividend. Under the law, before its amendment by the Finance Act, 1969, the "tax holiday" concession was available in the case of industrial undertakings going into production or operation up to 31-3-1971 and ships brought into use by an Indian company up to that date. There is no such time limit in the case of approved hotels run by Indian companies.

40. Having regard to our continuing need for establishment of new industrial units and the expansion of our shipping fleet, the Finance Act, 1969 has amended section 80J so as to continue the concession of the "tax holiday" for a further period of 5 years. Under the amendment, the "tax holiday" concession will be available to industrial undertakings commencing production or operation, as also ships brought into use by Indian companies, at any time up to 31-3-1976.

Enlargement of the scope of tax relief on personal savings through life insurance policies, etc.

41. An individual effecting savings out of his income chargeable to tax through specified media, such as life insurance, provident fund (including the Public Provident Fund), 10-year or 15-year Cumulative Time Deposits in Post Office Savings Banks, etc., is entitled to tax relief on such savings up to a specified limit. A Hindu undivided family is also entitled to tax relief on savings through life insurance up to a specified limit. In regard to savings through life insurance, the tax relief is presently available, in the case of an individual, on premiums paid on a policy of life insurance or deferred annuity on the life of the individual or on the life of his or her spouse, but not on premiums in respect of an insurance policy on the life of any child of the individual. In the case of a Hindu undivided family, tax relief is available in premiums paid on insurance policies on the life of any male member of the family or the wife of such male member, but not on premiums on an insurance policy on the life of any other female member of the family.

42. In the case of an individual, the overall amount of savings through life insurance, etc., qualifying for tax relief for a year is limited, in the generality of cases to 30 per cent of the gross total income or Rs. 15,000, whichever is less. Where the individual is an author, playwright, artist, musician or actor, tax relief is admissible on savings up to such higher limits as are specified in the Income-tax Rules, subject, however, to the condition that the author, playwright, artist, etc., has effected an insurance policy on his life or on the life of his or her spouse before 1-3-1964 and pays premium during the relevant year to keep such policy in force. Under the Income-tax Rules, the higher limit over savings qualifying for tax relief in the case of authors, playwrights, artists, etc., is 33 1/3 per cent of the professional income plus 30 per cent of his other income, or Rs. 25,000, whichever is less. In the case of a Hindu undivided family, the limit over the amount of savings through life insurance qualifying for tax relief is 30 per cent of the gross total income or Rs. 30,000, whichever is less. The tax relief on savings up to the above-mentioned limits is granted in each case by allowing a deduction, in the computation of taxable income of 60 per cent of the first Rs. 5,000 and 50 per cent of the balance of the savings qualifying for relief.

43. The Finance Act, 1969 has amended the provisions of section 80C with a view to enlarging the area of tax relief on savings through life insurance policies and to provide tax relief in the case of authors, playwrights, artists, etc., on the wider base in all cases as explained hereunder :

1. Life insurance policies - In the case of an individual, tax relief will be available from the assessment year 1970-71 onwards also in respect of premiums on an insurance policy (including a deferred annuity policy) on the life of any child of the individual. This provision will cover premiums paid on insurance policies on the lives of two or more children of the individual, and regardless of whether the child is minor or major. In order to qualify for the tax relief, premiums on such policies should have been paid out of the individual’s income chargeable to tax.

In the case of a Hindu undivided family, tax relief will be available from the assessment year 1970-71 onwards also in respect of premiums paid out of the family’s income on an insurance policy on the life of any female member of the family, whether or not such female member is the wife of male member of the family. Premiums paid on an insurance policy on the life of the wife of a member of the family are already eligible for tax relief under the existing law and will continue to be so eligible.

The above changes take effect from 1-4-1970 and will, therefore, be operative for the assessment year 1970-71 and subsequent years.

2. Authors, playwrights, artists, musicians and actors - In their cases, the existing condition in the law that they should have a life insurance policy effected before 1-3-1964, in order to be eligible for tax relief on savings through life insurance, etc., up to the higher limit specified in the Income-tax Rules, has been deleted with effect from 1-4-1969. The effect of this will be that for the assessment year 1969-70 and subsequent years, authors, playwrights, artists, musicians and actors will be eligible for tax relief on their savings through life insurance, provident funds, 10-year or 15-year Cumulative Time Deposits Accounts in Post Offices, etc., up to higher limit specified in the Income-tax Rules, even where they have effected a life insurance on or after 1-3-1964. Tax relief on the wider base will be admissible even in cases where there is no life insurance policy but savings have been effected through other specified media, e.g., the Public Provident Fund or 10-year or 15-year Cumulative Time Deposits in Post Offices.

Increase from Rs. 500 to Rs. 1,000 in the amount of dividends from Indian companies exempt from tax in the case of shareholders of all categories

44. The Finance Act, 1969 has amended section 80L with effect from 1-4-1970. Under the section as amended, taxpayers of all categories will be eligible to deduct, in the computation of their taxable incomes, dividends received by them from Indian companies during the year up to an amount of Rs. 1,000, as against Rs. 500 specified in the section before amendment. This provision is designed to encourage persons in the lower and middle income brackets to make larger investments in the shares of Indian companies and also to improve the investment climate. The higher deduction of Rs. 1,000 will be available in respect of the assessment year 1970-71 and subsequent years.

Exemption from tax of Indian companies on 40 per cent of their income by way of royalties, technical service fees, etc., received from any person carrying on a business in India in consideration of provision of technical know-how or technical services under an approved agreement

45. In order to minimise the repetitive import of technology and to encourage the development of local know-how, provision has been made in new section 80MM for the taxation of the income derived by Indian companies from the transfer or servicing of such know-how on a concessional basis. Under new section 80MM, an Indian company deriving income by way of royalties, technical service fees, commission or otherwise (except gains) from any person carrying on a business in India, in consideration of providing technical know-how or rendering technical services to such person, will be entitled to a deduction of 40 per cent of such income in the computation of its taxable income. This provision will cover technical know-how (whether patented or not) which is likely to assist in the manufacture or processing of goods or materials or in the installation or erection of machinery or plant for such manufacture or processing, or in operations relating to mining, including prospecting and testing of mineral deposits or winning access to them, agriculture, animal husbandry, dairy or poultry farming, forestry or fishing. The technical services, covered by this provision relate to services rendered in connection with providing the technical know-how as stated above. The term "provision of technical know-how" has been defined in sub-section (2) of section 80MM.

46. In order to be eligible for the deduction of 40 per cent of the income by way of royalties, technical service fees, etc., under section 80MM, the technical know-how and the technical services should be provided under an agreement entered into by the Indian company with the person concerned on or after 1-4-1969 and the approval of the Central Government to such agreement should have been applied for before the 1st October of the relevant assessment year.

47. New section 80MM comes into effect from 1-4-1970, and will be applicable for the assessment year 1970-71 and subsequent years.

Exemption from tax of authors, playwrights, artists, musicians and actors on 25 per cent of the income derived by them from foreign sources in exercise of their profession and received in India in foreign exchange

48. The Finance Act, 1969 has inserted a new section 80RR with effect from 1-4-1970, under which a resident individual being an author, playwright, artist, musician or actor who derives income in the exercise of his profession from foreign sources and receives such income in India or brings it into India in foreign exchange, will be entitled to deduct 25 per cent of the income so received or brought in computing his total income. This provision is designed to encourage successful authors, playwrights, artists, musicians and actors in our country to project their activities outside India with a view to contributing to greater understanding of our country and its culture abroad and also augmenting our foreign exchange resources. Some of the professional activities coming within the scope of this section are : publication outside India of a book produced by the author, contribution of articles to foreign journals and magazines, exhibition of paintings, sculptures and other works of art in foreign countries, giving of music concerts to foreign audiences and acting in dramatic performances, cinematograph films and television programmes in foreign countries.

49. New section 80RR comes into effect from 1-4-1970, and will be applicable for the assessment year 1970-71 and subsequent years.

Increase from Rs. 150 to Rs. 200 per mensem in the standard deduction for motor car owned by a taxpayer and used for his employment, in cases where the gross salary income is up to Rs. 15,000

50. A provision was made in the Income-tax Act by the Finance Act, 1968, for the allowance of a standard deduction, in the computation of salary income, for maintenance expenditure on, and wear and tear of, a conveyance owned and used by the taxpayer for his employment. In respect of a motor car, the amount of the standard deduction for taxpayers with gross salary income up to Rs. 15,000 is Rs. 150 per month during which the car is used for purposes of employment; for those in the salary range up to Rs. 25,000, Rs. 200 per month; and for taxpayers with a gross salary income exceeding Rs. 25,000, it is Rs. 250 per month.

51. The Finance Act, 1969 has amended the relevant provision in section 16(iv) to increase the amount of the standard deduction for a motor car in the case of a taxpayer with gross salary income up to Rs. 15,000 from Rs. 150 to Rs. 200 for every month during which the motor car is used for the purpose of employment.

52. The amendment of section 16(iv) will take effect from 1-4-1970, and will be applicable for the assessment year 1970-71, i.e., in relation to salary incomes earned during the financial year 1969-70, and later years.

Particulars of last completed assessment	Rs.	Rs
Business income		2,00,000
Inter-corporate dividends	2,50,000
Less : Deduction of 60% thereof allowable under section 80M in computing the total income	1,50,000
Dividend income included in the total income	1,00,000
Total income last assessed	30,00,000
Computation of advance tax under the amended law Income-tax on Rs. 3,00,000 @ 55%	1,65,000
Less : Tax deductible at source @ 22%, on the gross amount of inter-corporate dividends of Rs. 2,50,000 (which has been taken into account in computing the total income of Rs. 3,00,000)	55,000
Net advance tax payable	1,10,000

Particulars of last completed assessment	Rs.	Rs.
Business income		1,00,000
Gross amount of interest	50,000
Less : Interest paid on own borrowings	30,000
Net interest included in the total income.		20,000
Total income last assessed		1,20,000
Computation of advance tax under the law as amended Income on the total income of Rs. 1,20,000 @ 55%		66,000
Less : Tax deductible at source at 20 per cent from the gross interest of Rs. 50,000 (which has been taken into account in computing the total income of 1,20,000)		10,000
Net advance tax payable		56,000

1. In the case of a person deriving 75 per cent or more of the income subject to advance tax from a source or sources for which the previous year ends on or before December 31	June 15, September 15 and December 15.
2. In any other case	September 15, December 15 and March 15.