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Section
297
REPEALS AND SAVINGS.
(1) The Indian Income-tax Act, 1922 (11 of 1922), is hereby repealed.
(2) Notwithstanding the repeal of the Indian Income-tax Act, 1922 (11
of 1922), (hereinafter referred to as the repealed Act), -
(a) Where a return of income has been filed before the commencement of
this Act by any person for any assessment year, proceedings for the assessment
of that person for that year may be taken and continued as if this Act
had not been passed;
(b) Where a return of income is filed after the commencement of this Act
otherwise than in pursuance of a notice under section 34 of the repealed
Act by any person for the assessment year ending on the 31st day of March,
1962, or any earlier year, the assessment of that person for that year
shall be made in accordance with the procedure specified in this Act;
(c) Any proceeding pending on the commencement of this Act before any
income-tax authority, the Appellate Tribunal or any court, by way of appeal,
reference or revision shall be continued and disposed of as if this Act
had not been passed;
(d) Where in respect of any assessment year after the year ending on the
31st day of March, 1940, -
(i) A notice under section 34 of the repealed Act had been issued before
the commencement of this Act, the proceedings in pursuance of such notice
may be continued and disposed of as if this Act had not been passed;
(ii) Any income chargeable to tax had escaped assessment within
the meaning of that expression in section 147 and no proceedings
under section 34 of the repealed Act in respect of any such income are
pending at the commencement of this Act, a notice under section 148 may,
subject to the provisions contained in section 149 or section 150, be
issued with respect to that assessment year and all the provisions of
this Act shall apply accordingly;
(e) Subject to the provisions of clause (g) and clause (j) of this sub-section,
section 23A of the repealed Act shall continue to have effect in relation
to the
assessment of any company or its shareholders for the assessment year
ending on the 31st day of March, 1962, or any earlier year, and the provisions
of the repealed Act shall apply to all matters arising out of such assessment
as fully and effectually as if this Act had not been passed;
(f) Any proceeding for the imposition of a penalty in respect of any assessment
completed before the 1st day of April, 1962, may be initiated and any
such penalty may be imposed as if this Act had not been passed;
(g) Any proceeding for the imposition of a penalty in respect of any assessment
for the year ending on the 31st day of March, 1962, or any earlier year
which is completed on or after the 1st day of April, 1962, may be initiated
and any such penalty may be imposed under this Act;
(h) Any election or declaration made or option exercised by an assessee
under any provision of the repealed Act and in force immediately before
the commencement of this Act shall be deemed to have been an election
or declaration made or option exercised under the corresponding provision
of this
Act;
(i) Where, in respect of any assessment completed before the commencement
of this Act, a refund falls due after such commencement or default is
made after such commencement in the payment of any sum due under such
completed assessment, the provisions of this Act relating to interest
payable by the Central Government on refunds and interest payable by the
assessee for default shall apply;
(j) Any sum payable by way of income-tax, super-tax, interest, penalty
or otherwise under the repealed Act may be recovered under this Act, but
without prejudice to any action already taken for the recovery of such
sum under the repealed Act;
(k) Any agreement entered into, appointment made, approval given, recognition
granted, direction, instruction, notification, order or rule issued under
any provision of the repealed Act shall, so far as it is not inconsistent
with the corresponding provision of this Act, be deemed to have been entered
into, made, granted, given or issued under the corresponding provision
aforesaid and shall continue in force accordingly;
(l) Any notification issued under sub-section (1) of section 60 or section
60A of the repealed Act and in force immediately before the commencement
of this Act shall, to the extent to which provision has not been made
under this Act, continue in force:
Provided that the Central Government may rescind any such notification
or amend it so as to rescind any exemption, reduction in rate or other
modification made thereunder;
(m) Where the period prescribed for any application, appeal, reference
or revision under the repealed Act had expired on or before the commencement
of this Act, nothing in this Act shall be construed as enabling any such
application, appeal, reference or revision to be be made under this Act
by reason only of the fact that a longer period therefor is prescribed
or provision is made for extension of time in suitable cases by the appropriate
authority.
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