Bare ActsExcess Profits Tax Act, 1940

Section 10

Artificial transactions.--

Amendment status not verified — confirm the current text below against the official source.

(1) A person shall not for the purpose of reducing any excess profits which are or would be chargeable to excess profits tax enter into a fictitious or artificial transaction, or carry out any fictitious or artificial operation. Explanation.-- For the purposes of this section an artificial transaction or operation includes every device of whatever nature adopted for the purpose of presenting the accounts of a business in a misleading form or manner with intent to evade or having the effect of evading any obligation imposed by this Act. (2) Any such transaction or operation shall be treated as null and void for the purpose of computing the excess profits tax payable under this Act. (3) If the Excess Profits Tax Officer is satisfied that any person has acted in contravention of the provisions of sub-section (1), he may with the previous approval of the Inspecting Assistant Commissioner direct that such person shall pay, in addition to any excess profits tax for which he is or would, but for such transaction or operation, be liable, a penalty not exceeding the tax evaded or sought to be evaded.

Section 10 – Excess Profits Tax Act, 1940 | DailyLaw.ai