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6 1967

INCOME TAX ACT, 1967

PART XXXVIII

Commencement, Repeals, Savings, Temporary and Transitional Provisions and Short Title

Commencement and repeals.

554. —(1) Subject to the provisions of this Part, this Act shall come into force on the 6th day of April, 1967, and the enactments mentioned in Schedule 19, (which enactments are in this Act referred to as the repealed enactments) are hereby repealed to the extent mentioned in the third column of that Schedule as from that day:

Provided that, save as otherwise provided in this Part, the provisions of this Act shall not apply to income tax or sur-tax for the year 1966-67 or any previous year of assessment, and the provisions of the repealed enactments shall continue to apply to income tax and sur-tax for any such year to the same extent that they would have applied thereto if this Act had not been passed.

(2) The proviso to subsection (1) shall, in relation to the provisions as to corporation profits tax contained in the provisions of this Act which in terms extend to that tax, have effect as if the references to income tax and sur-tax for the year 1966-67 or any previous year of assessment were references to corporation profits tax for an accounting period ending before the 6th day of April, 1967.

(3) Income which but for subsection (1) would be treated as exempt from tax under section 16 of the Finance Act, 1919, or section 27 of the Finance Act, 1922, shall not be reckoned in computing income for any of the purposes of this Act.

(4) This section has effect subject to the provisions of section 552 (which relates to the commencement of certain provisions of this Act relating to interest on assessments to income tax and sur-tax).

Extent to which Act is to apply to years before 1967-68.

555. —(1) In the case of the following provisions of this Act, that is to say—

(a) Parts VII, VIII, XXXIII and XXXV, and Schedules 17 and 18;

(b) sections 536, 537, 539, 541 and 542;

(c) in relation to income chargeable to income tax or sur-tax for the year 1967-68 or any subsequent year of assessment, sections 358 (1), 360 (1) and 361 (2) and Schedule 10;

(d) so much of any other provision of this Act as authorises the making, variation or revocation of any order or regulation; and

(e) except where the tax concerned is all tax for years of assessment before the year 1967-68 or, in relation to corporation profits tax, accounting periods ending before the 6th day of April, 1967, so much of any other provision of this Act as confers any power or imposes any duty the exercise or performance of which operates in relation to tax for more than one year of assessment or accounting period,

the proviso to section 554 (1) shall not apply, and those provisions shall come into operation for all purposes on the 6th day of April, 1967, to the exclusion of the corresponding provisions of the repealed enactments:

Provided that any provision in the said enactments which imposes a punishment, penalty or forfeiture for any act or omission shall, in relation to any act or omission which took place or began before the said 6th day of April, continue to have effect to the exclusion of the provision of this Act to which it corresponds.

(2) If, and in so far as, by virtue of subsection (1), a provision of this Act operates, as from the 6th day of April, 1967, to the exclusion of a provision in the repealed enactments, any order or regulation made or having effect as if made, and any thing done or having effect as if done, under the excluded provision before that date shall be treated as from that date as if it were an order or regulation made or a thing done under that provision of this Act.

(3) Notwithstanding anything in the preceding provisions of this section—

(a) neither section 186 (2), 211 (1) nor 526 (6) shall apply to tax for any year before the year 1922-23, and

(b) the references in sections 124, 125, 126 and 127 to emoluments to which Chapter IV of Part V applies shall not be deemed to include references to any emoluments assessable to income tax under Schedule E which were payable before the 6th day of October, 1960, and any regulations made or deemed to be made under section 127 shall have effect accordingly.

Saving for enactments not repealed.

556. —The provisions of this Act (other than those of section 559 relating to the construction of references) shall have effect subject to so much of any Act which contains provisions relating to or affecting income tax, sur-tax or corporation profits tax as—

(a) is not repealed by this Act; and

(b) would have operated in relation to those taxes respectively if this Act had not been substituted for the repealed enactments.

Meaning of “Collector” in sections 187, 188, 478, 480 to 482, 484 to 489, 494, 519, 542 and 550 and Schedule 2, Rule 6.

557. —Every reference in any of the following provisions, namely, sections 187, 188, 478, 480 to 482, 484 to 489, 494, 519, 542 and 550 and Rule 6 of Schedule 2, to the Collector shall be construed as including a reference to a collector appointed under section 7 of the Finance Act, 1934 .

Former employees of railway company.

558. —Where any person has ceased to hold an office or employment under a railway company, or has ceased to be entitled to any pension paid by a railway company, such part of any tax assessed and charged upon the company under Rule 7 of the Rules applicable to Schedule E of the Income Tax Act, 1918, in respect of that office, employment or pension as could not be deducted out of emoluments shall be collected and levied from that person or from his executors or administrators, as the case may be, as if he or they had been chargeable and charged with the said tax.

Construction of references.

559. —(1) The continuity of the operation of the law relating to income tax, sur-tax and corporation profits tax shall not be affected by the substitution of this Act for the repealed enactments and—

(a) so much of any enactment or document (including enactments contained in this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of this Act, shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or, as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision;

(b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the passing of this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or as the case may be, to things done or deemed to be done or falling to be done under or for the purposes of, that corresponding provision.

(2) The references in subsection (1) to things done or falling to be done under any provision include in particular, and without prejudice to the generality of the references, references to charges to tax and reliefs from tax made or granted or falling to be made or granted under that provision:

Provided that the amounts which may, under sections 241, 244, 245, 248, 252, 254, 295, 305, 309 or 310, be carried forward from years of assessment before the year 1967-68 shall, in so far as the effect of the repealed enactments differs from that of the corresponding enactments in this Act, be determined according to the repealed enactments.

Continuance of officers; instruments and documents.

560. —(1) All officers appointed under the repealed enactments and holding office immediately before the commencement of this Act shall continue in office as if appointed under this Act.

(2) All instruments and documents made or issued under the repealed enactments and in force immediately before the commencement of this Act shall continue in force as if made or issued under this Act.

Short title.

561. —This Act may be cited as the Income Tax Act, 1967.