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[Cites 0, Cited by 0] [Section 155] [Entire Act]

Union of India - Subsection

Section 155(17) in The Income Tax Act, 1961

(17)Where a deduction has been allowed to an assessee in any assessment year under section 80-RRB in respect of any patent, and subsequently by an order of the Controller or the High Court under the Patents Act, 1970 (39 of 1970),-
(i)the patent was revoked, or
(ii)the name of the assessee was excluded from the patents register as patentee in respect of that patent, the deduction from the income by way of royalty attributable to the period during which the patent had been revoked or the period for which the assessee's name was excluded as patentee in respect of that patent, shall be deemed to have been wrongly allowed and the Assessing Officer may, notwithstanding anything contained in this Act, recompute the total income of the assessee for the relevant previous year and make necessary amendment; and the provisions of section 154 shall, so far as may be, apply thereto, the period of four years specified in sub-section (7) of that section being reckoned from the end of the previous year in which such order of the Controller referred to in clause (b) of sub-section (1), or the High Court referred to in clause (i) of sub-section (1) of section 2, of the Patents Act, 1970 (39 of 1970), as the case may be, was passed.]
[Explanation. - For the purposes of this section,-
(a)"additional compensation" shall have the meaning assigned to it in clause (1) of the Explanation to sub-section (2) of section 54;
(b)"additional consideration", in relation to the transfer of any capital asset the consideration for which was determined or approved by the Central Government or the Reserve Bank of India, means the difference between the amount of consideration for such transfer as enhanced by any Court, tribunal or other authority and the amount of consideration which would have been payable if such enhancement had not been made.]