THE ASSAM AGRICULTURAL INCOME-TAX (AMENDMENT) ACT, 1967

ASSAM ACT IX OF 1967

5th August 1967

An Act further to amend the Assam Agricultural Income-tax Act, 1939

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S.1 Short title, extent and commencement

(1) This Act may be called the Assam Agricultural Income-tax (Amendment) Act, 1967.

(2) It shall have the like extent as the principal Act.

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint and different dates may be appointed for different provisions of this Act.

S.2 Substitution of section 19 of the principal Act

For section 19 of the principal Act, the following shall be substituted, namely:

"Return of income. 19. (1) Every person, if his total agricultural income in respect of which he is assessable under this Act during the previous year exceeded the limit of the taxable income prescribed in section 6, shall furnish before the 31st day of December of the relevant financial year, a return of his agricultural income or the agricultural income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed:

Provided that, on an application made in the prescribed manner, the Superintendent of Taxes or Agricultural Income-tax Officer may, in his discretion, extend the date for furnishing the return upto a period not beyond the 28th day of February of the relevant financial year and a simple interest at six per cent per annum may be payable from the 1st day of January of the

S.3 Insertion of new sections 19A and 19B in Assam Act IX of 1939

After section 19 of the principal Act, the following shall be inserted as sections 19A and 19B, namely:-

"Return by whom to be signed. 19A. The return under section 19 shall be signed and verified-

• (a) in the case of an individual, by the individual himself; where the individual is absent from India, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf;
• (b) in the case of a Hindu undivided family, by the Karta, and, where the Karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family;
• (c) in the case of a company or local authority, by the principal officer thereof;
• (d) in the case of a firm, by any partner thereof, not being a minor;
• (e) in the case of any other association, by
  

S.4 Substitution of sections 35 and 36 of the principal Act

For sections 35 and 36 of the principal Act, the following shall be substituted, namely:-

"Tax when payable. 35. (1) Tax payable under this Act shall be paid in the manner hereinafter provided.

(2) Before any assessee furnishes the return required by sub-section (1) or (2) of section 19, he shall, in the prescribed manner, pay into a Government treasury the full amount of tax due from him under this Act on the basis of such return, and shall furnish along with the return a receipt from such treasury in token of payment of such tax.

(3) Where a revised return is submitted by an assessee under sub-section (5) of section 19, and if the revised return shows a greater amount of tax to be due than was payable on the basis of the original return, the assessee shall pay the excess amount of tax and interest, if any, in the manner provided in sub-section (2), and shall furnish along with the revised return a receipt in token of payment of such excess tax.

(4) The

S.5 Substitution of section 39 of the principal Act

For section 39 of the principal Act, the following shall be substituted, namely:-

"Refund. 39. The Superintendent of Taxes or Agricultural Income-tax Officer shall, in the prescribed manner refund to an assessee any sum paid by him under this Act, either by cash payment or at the option of the assessee by set off against the sum due from him in respect of any other assessment year."

S.6 Insertion of new section 39A in Assam Act IX of 1939

After section 39 of the principal Act, the following shall be inserted as section 39A, namely:-

"Remission. 39A. The State Government, for reasons to be recorded in writing, may remit the whole or part of the amount of the tax, interest or penalty payable in respect of any year by any assessee who has suffered heavy loss due to any calamity."