Section 317 — Assessment of persons leaving India
(1) Irrespective of anything contained in section 4, when it appears to the
Assessing Officer that any individual may leave India during the current tax
year or shortly after its expiry, with no present intention of returning to India, the
total income of such individual for the period beginning from the first day of that
current tax year up to the probable date of departure from India (referred to as
specified period in this section) shall be chargeable to tax in that current tax year.
(2) The total income of each completed tax year or part of any tax year included in
the specified period shall be chargeable to tax at the rate or rates in force in that
tax year, and separate assessments shall be made in respect of each such completed
tax year or part of any tax year.
(3) The Assessing Officer may estimate the income of such individual for such
specified period or any part thereof, where it cannot be readily determined in the
manner provided in this Act.
(4) For the purposes of making an assessment under sub-section (1), the Assessing
Officer may serve a notice upon such individual requiring him to furnish within
such time, not being less than seven days, as specified in the notice, a return in
the same form and verified in the same manner as a return under section 268(1),
setting forth his—
( a) total income for each completed tax year comprised in such specified
period referred to therein; and
( b) estimated total income for any part of the tax year comprised in such
specified period,
and the provisions of this Act shall, so far as may be, and subject to the provisions
of this section, apply as if the notice were a notice issued under section 268(1).
(5) Irrespective of anything contained in section 268(1) or 280, where the provisions
of sub-section (1) are applicable, the Assessing Officer may issue any notice under
section 268(1) or 280, requiring the furnishing of the return by such individual in
respect of any tax chargeable under any other provisions of this Act, within such
period, not being less than seven days, as the Assessing Officer may think proper.
(6) The tax chargeable under this section shall be in addition to the tax, if any,
chargeable under any other provisions of this Act.
10. —Association of persons or body of individuals or artificial
juridical person formed for a particular event or purpose
Related sections
- Section 302 — 1.—Legal representatives Legal representative
- Section 303 — 2.—Representative assessees—General provisions Representative assessee
- Section 304 — Liability of representative assessee
- Section 305 — Right of representative assessee to recover tax paid
- Section 306 — Who may be regarded as agent
- Section 307 — Charge of tax where share of beneficiaries unknown
- Section 308 — Charge of tax in case of oral trust
- Section 309 — Method of computing a member’s share in income of association of persons or body of individuals
- Section 310 — Share of member of association of persons or body of individuals in income of association or body
- Section 311 — Charge of tax where shares of members in association of persons or body of individuals unknown, etc
- Section 312 — Executor
- Section 313 — Succession to business or profession otherwise than on death
- Section 314 — Effect of order of tribunal or court in respect of business reorganisation
- Section 315 — Assessment after partition of Hindu undivided family
- Section 316 — Shipping business of non-residents
- Section 318 — Assessment of association of persons or body of individuals or artificial juridical person formed for a particular event or purpose
- Section 319 — Assessment of persons likely to transfer property to avoid tax
- Section 320 — Discontinued business
- Section 321 — Association dissolved or business discontinued
- Section 322 — Company in liquidation
- Section 323 — 13.—Private companies Liability of directors of private company
- Section 324 — 14.—Assessment of firms Charge of tax in case of a firm
- Section 325 — Assessment as a firm
- Section 326 — Assessment when section 325 not complied with
- Section 327 — 15.—Change in constitution, succession and dissolution Change in constitution of a firm
- Section 328 — Succession of one firm by another firm
- Section 329 — Joint and several liability of partners for tax payable by firm
- Section 330 — Firm dissolved or business discontinued
- Section 331 — 16.—Liability of partners of limited liability partnership in liquidation Liability of partners of limited liability partnership in liquidation
- Section 332 — Application for registration
- Section 333 — Switching over of regimes
- Section 334 — Tax on income of registered non-profit organisation
- Section 335 — Regular income
- Section 336 — Taxable regular income
- Section 337 — Specified income
- Section 338 — Income not to be included in regular income
- Section 339 — Corpus donation
- Section 340 — Deemed corpus donation
- Section 341 — Application of income
- Section 342 — Accumulated income
- Section 343 — Deemed accumulated income
- Section 344 — Business undertaking held as property
- Section 345 — Restriction on commercial activities by a registered non-profit organisation
- Section 346 — Restriction on commercial activities by registered non-profit organisation, carrying out advancement of any other object of general public utility
- Section 347 — Books of account
- Section 348 — Audit
- Section 349 — Return of income
- Section 350 — Permitted modes of investment
- Section 351 — Specified violation
- Section 352 — Tax on accreted income
- Section 353 — Other violations
- Section 354 — Application for approval for purpose of section 133(1)(b)(ii)
- Section 355 — Interpretation