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Union of India - Section

Section 3 in The Opium And Revenue Laws (Extension Of Application) Act, 1950

3. Modifications in State laws relating to income-tax investigation.

If immediately before the commencement of this Act there is in force in any Part B State other than Jammu and Kashmir any law (hereinafter in this section referred to as "the State law") corresponding to the Taxation on Income (Investigation Commission) Act, 1947 (30 of 1947), that law shall continue to remain in force with the following modifications, namely:--
(a)all cases referred to or pending before the State Commission (by whatever name called) in respect of matters relating to taxation on income other than agricultural income shall stand transferred to the Central Commission for disposal:
Provided that the Central Commission shall not, by reason merely of the transfer of any case under the provisions of this section, be bound to recall or rehear any witness who has given evidence in the case, and may act on the evidence already recorded by or produced before the Commission which was originally investigating into the case;
(b)[ in the disposal of cases transferred to the Central Commission under clause (a), it shall have and exercise the same powers as it has and exercises in the investigation of cases referred to it under the Taxation on Income (Investigation Commission) Act, 1947 (30 of 1947), and shall be entitled to act for the same term as under sub-section (3) of section 4 of that Act; [ Substituted by Act 44 of 1951, Section 2 (retrospectively) ]
(bb)any decision given, whether before or after the commencement of this Act, by the Chief Revenue Authority of Travancore or of Travancore-Cochin in the exercise or purported exercise of any powers conferred on it by any law for the time being in force in the State shall be deemed to be a decision given by the Income-tax authority for the purposes of sub-section (2) of section 8 of the Travancore Taxation on Income (Investigation Commission) Act, 1124;] (Travancore Act XIV of 1124)
(c)any reference in the State Law, by whatever form of words, to the State Government or the State Commission shall, in relation to income other than agricultural income, be construed as a reference to the Central Government or the Central Commission, as the case may be;
(d)the report of the Central Commission shall be submitted to the Central Government, and the Central Government may, by order in writing, direct that such proceedings as it thinks fit under the law in force in the State relating to income-tax, super-tax or excess profits tax or any other law, shall be taken against the person to whose case the report relates in respect of his income other than agricultural income, and upon such a direction being given, all such proceedings may be taken and completed under the appropriate law applicable in the State, as if the direction had been given and the proceedings had been instituted thereunder;
(e)where under any law in force in the State the agricultural income of an assessee is to be included in his total income for the purpose of determining the tax payable by him, the tax payable in respect of his income other than agricultural income shall be an amount bearing to the total amount of tax which would have been payable under the appropriate law in force in the State if a combined assessment had been made, the same proportion as such income bears to the total income including the agricultural income:
Provided that for this purpose any reduction of tax allowed on the agricultural income by the appropriate law in force in the State shall not be taken into account.Explanation.--In this section, "Central Commission" means the Income-tax Investigation Commission constituted under the Taxation on Income (Investigation Commission) Act, 1947 (30 of 1947).
Additional Information6
Immediately before 1-11-1956 the following were Part B States, namely, Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Pepsu, Rajasthan, Saurashtra and Travacore-Cochin. Of these Part B States Jammu and Kashmir, Mysore, Rajasthan and Travancore-Cochin (Kerala) are full-fledged States now and the rest have been merged with adjoining State or States - See States Reorganisation Act, 1956 (37 of 1956)(1-11-1956).