Expenditure Tax Act, 1987

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Section 1

Short title, extent and commencement.

1. (1) This Act may be called the Expenditure-tax Act, 1987.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Govern­ment may, by notification in the Official Gazette, appoint.

Section 2

Definitions.

2. In this Act, unless the context otherwise requires,—

         (1 )  "assessee" means a person responsible for collecting the expenditure tax payable under the provisions of this Act;
         (2 )  "assessment year" means the period of twelve months commencing on the 1st day of April every year;
         (3 )  "Board" means the Central Board of Direct Taxes consti­tuted under the Central Boards of Revenue Act, 1963 (54 of 1963);
         (4 )  "chargeable expenditure" means the expenditure referred to in section 5;
         (5 )  "expenditure-tax" or "tax" means the tax chargeable under the provisions of this Act;
         (6 )  "hotel" includes a building or part of a building where residential accommodation is, by way of business, provided for a monetary consideration;
         (7 )  "Income-tax Act" means the Income-tax Act, 1961 (43 of 1961);
         (8 )  "person responsible for collecting" means a person who is required to collect tax under this Act or is required to pay any other sum of money under this Act and includes—
     (a)  every person in respect of whom any proceedings under this Act have been taken, and
     (b)  every person who is deemed to be an assessee-in-default under any provision of this Act;
         (9 )  "prescribed" means prescribed by rules made under this Act;
    [( 9A)  "restaurant" means any premises, not being a restaurant situated in a hotel referred to in clause (1) of section 3, in which the business of sale of food or drink to the public is carried on and such premises, at the beginning of any month, are equipped with, or have access to, facilities for air-conditioning;]
       (10)  "room charges" means the charges for a unit of residen­tial accommodation in a hotel and includes the charges for—
     (a)  furniture, air-conditioner, refrigerator, radio, music, telephone, television, and
     (b)  such other services as are normally included by a hotel in room rent,
               but does not include charges for food, drinks and any services other than those referred to in sub-clauses (a) and (b);
       (11)  all other words and expressions used herein but not defined and defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act.

Section 3

This Act shall apply in relation to any chargeable expendi­ture—
         (1 )  incurred in a hotel wherein the room charges for any unit of residential accommodation at the time of incurring of such expenditure are [three thousand rupees or more per day] and where,—
     (a)  a composite charge is payable in respect of such unit and food, the room charges included therein shall be determined in the prescribed manner;
               ( b)  (i )  a composite charge is payable in respect of such unit, food, drinks and other services, or any of them, and the case is not covered by the provisions of sub-clause (a ), or
     (ii)  it appears to the Assessing Officer that the charges for such unit, food, drinks or other services are so arranged that the room charges are understated and the other charges are overstated,
           the Assessing Officer shall, for the purposes of this clause determine the room charges on such reasonable basis as he may deem fit; and
         (2 )  incurred in a restaurant [before the 1st day of June, 1992].

Section 4

Charge of expenditure-tax.

4. Subject to the provisions of this Act, there shall be charged on and from—

         (a )  the commencement of this Act, a tax at the rate of [ten] per cent of the chargeable expenditure incurred in a hotel referred to in clause (1) of section 3 :
               Provided that nothing in this clause shall apply in the case of a hotel referred to in [clause (a) of sub-section (7) of section 80-IB] of the Income-tax Act during the period beginning on the 1st day of April, 1991 and ending on the 31st day of March, 2001 :
                [Provided further that nothing in this clause shall apply in the case of a hotel referred to in [clause (a) of sub-section (7) of section 80-IB] of the Income-tax Act, 1961 (43 of 1961) during the period beginning on the 1st day of April, 1998 and ending on the 31st day of March, 2008;]
           ( b)        the 1st day of October, 1991 [but not after the 31st day of May, 1992] a tax at the rate of fifteen per cent of the chargeable expenditure incurred in a restaurant referred to in clause (2) of section 3.

Section 5

Meaning of chargeable expenditure.

5. For the purposes of this Act, chargeable expenditure,—

         (1 )  in relation to a hotel referred to in clause (1 ) of section 3, means any expenditure incurred in, or payments made to, the hotel in connection with the provision of—
     (a)  any accommodation, residential or otherwise; or
     (b)   [*** ]
     (c)  any accommodation in such hotel on hire or lease, or
     (d)   [*** ]
               but does not include—
      (i)  any expenditure which is incurred, or the payment for which is made, in foreign exchange [before the 1st day of October, 1992];
     (ii)  any expenditure incurred by persons within the purview of the Vienna Convention on Diplomatic Relations, 1961 or the Vienna Convention on Consular Relations, 1963;
    (iii)  any expenditure incurred in any shop or in any office which is not owned or managed by the person who carries on the business of a hotel;
    (iv)  any expenditure by way of any tax, including tax under this Act.
               Explanation. —For the purposes of this clause,—
     (a)  expenditure incurred or any payments made in Indian currency obtained by conversion of foreign exchange into Indian currency shall in such cases and in such circumstances as may be pres-cribed be deemed to have been incurred or, as the case may be, made in foreign exchange; and
     (b)  "foreign exchange" and "Indian currency" shall have the meanings respectively assigned to them in clauses (h) and (k) of section 2 of the Foreign Exchange Regulation Act, 1973 (46 of 1973);
         (2 )  in relation to a restaurant referred to in clause (2 ) of section 3, means any expenditure incurred in, or payments made to, a restaurant in connection with the provision of food or drink by the restaurant, whether at the restaurant or outside, or by any other person in the restaurant, but does not include any expenditure referred to in sub-clauses (ii ) and (iv) of clause ( 1).]

Section 6

Tax authorities.

6. [(1) Every Director General of Income-tax, Chief Commissioner of Income-tax, Director of Income-tax, Commissioner of Income-tax, Commissioner of Income-tax (Appeals), [Additional Director of Income-tax, Additional Commissioner of Income-tax, [Joint Director of Income-tax, Joint Commissioner of Income-tax], Deputy Direc­tor] of Income-tax, Deputy Commissioner of Income-tax, Assistant Director of Income-tax, Assistant Commissioner of Income-tax, Income-tax Officer, Tax Recovery Officer and Inspector of Income-tax shall have the like powers and perform the like functions under this Act as he has and performs under the Income-tax Act, and for the exercise of his powers and the performance of his functions, his jurisdiction under this Act shall be the same as he has under the Income-tax Act.]

(2) All officers and persons employed in the execution of this Act shall observe and follow the orders, instructions and direc­tions of the Board :

Provided that no such orders, instructions or directions shall be issued—

         ( a)  so as to require any tax authority to make a particular assessment or to dispose of a particular case in a particular manner; or
         ( b)  so as to interfere with the discretion of the Commis­sioner (Appeals) in the exercise of his appellate functions.

(3) Every [Assessing] Officer employed in the execution of this Act shall observe and follow the orders, instructions and direc­tions issued for his guidance by the [Director General or Director or by the Chief Commissioner or Commissioner] or by the [Additional Commissioner of Income-tax or] [Joint Commis­sioner] within whose jurisdiction he performs his functions.

Section 7

[Collection and recovery of expenditure-tax.

7. (1) Where any chargeable expenditure is incurred in a hotel referred to in clause (1) of section 3,—

         ( a)  if such expenditure relates to any of the services, specified in sub-clauses (a) to (d) of clause (1) of section 5, provided by the hotel, the person who carries on the business of such hotel; and
         ( b)  if such expenditure relates to any of the services, specified in sub-clause (b) or sub-clause (d) of clause (1) of section 5, provided by the other person referred to therein, such other person,

shall collect the expenditure-tax at the rate specified in clause (a) of section 4.

(2) Where any chargeable expenditure is incurred in a restaurant referred to in clause (2) of section 3 [before the 1st day of June, 1992] in relation to any services specified in clause (2) of section 5 and where such services are,—

         ( a)  provided by the restaurant, the person who carries on the business of such restaurant; and
         ( b)  provided by the other person, such other person,

shall collect the expenditure-tax at the rate specified in clause (b) of section 4.

(3) The tax collected during any calendar month in accordance with the provisions of sub-sections (1) and (2) shall be paid to the credit of the Central Government by the 10th of the month immediately following the said calendar month.

(4) Any person responsible for collecting the tax, who fails to collect the tax in accordance with the provisions of sub-section (1) or sub-section (2) shall, notwithstanding such failure, be liable to pay the tax to the credit of the Central Government in accordance with the provisions of sub-section (3).]

Section 8

Person responsible for collecting tax to furnish prescribed return.

8. (1) Every person responsible for collecting the tax shall before the expiry of four months from the 31st day of March in each year, furnish or cause to be furnished to the [Assessing] Officer in the prescribed form and verified in the prescribed manner, a return in respect of the immediately preceding finan­cial year showing—

         ( a)  the aggregate of the payments received in respect of chargeable expenditure;
         ( b)  the amount of the tax collected;
         ( c)  the amount of the tax paid to the credit of the Central Government; and
         ( d)  such other particulars as may be prescribed.

(2) In the case of any person who, in the opinion of the [Assessing] Officer, is responsible for collecting tax under this Act and who has not furnished a return under sub-section (1), the [Assessing] Officer may, before the expiry of the financial year in which the return is to be furnished, issue a notice to him and serve the same upon him, requiring him to furnish within thirty days from the date of service of the notice the return in the prescribed form and verified in the prescribed manner setting forth such other particulars as may be pre­scribed.

(3) Any person responsible for collecting the tax who has not furnished the return within the time allowed under sub-section (1) or sub-section (2) or having furnished a return under sub-section (1) or sub-section (2) discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made.

Section 9

Assessment.

9. (1) For the purpose of making an assessment under this Act, the [Assessing] Officer may serve on any person who has fur­nished a return under section 8 or upon whom a notice has been served under sub-section (2) of section 8 (whether a return has been furnished or not) a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents or other evidence as the [Assessing] Officer may require for the purposes of this Act and may from time to time, serve further notices requiring the production of such further accounts or documents or other evidence as he may require.

(2) The [Assessing] Officer, after considering such accounts, documents or other evidence, if any, as he has obtained under sub-section (1) and after taking into account any relevant material which he has gathered, shall, by an order in writing, assess the chargeable expenditure and the amount of tax payable on the basis of such assessment.

Section 10

Best judgment assessment.

10. If—

         (a )  any person fails to make the return required by any notice given under sub-section (2) of section 8 and has not made a return or a revised return under sub-section (3) of that sec­tion, or
         (b )  any person having made a return fails to comply with all the terms of a notice issued under sub-section (1) of section 9, or
         (c )  the [Assessing] Officer, is not satisfied with the correctness or the completeness of the accounts of the assessee,

the [Assessing] Officer, after taking into account all the relevant material which he has gathered, shall, by an order in writing, make the assessment of the chargeable expenditure to the best of his judgment and determine the sum payable by the asses­see or refundable to the assessee on the basis of such assess­ment.