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The Excess Profits Tax Act, 1940

( ACT NO. XV OF 1940 )

Special provision for chargeable accounting period failing partly before and partly after the end of March, 1941
1[7A. (1) In the case of a chargeable accounting period such as is referred to in sub-section (2) of section 4, the excess of profits of each of the separate chargeable accounting periods into which the whole chargeable period is deemed to be divided for the purposes of that sub section, shall be determined in accordance with the provisions of sub sections (2), (3) and (4), and in those sections-
 
 
 
 
(a) references to the whole period, the first part of the period, and the second part of the period shall be construed, respectively, as references to the whole of the chargeable accounting period deemed to be divided, so much thereof as falls before the end of March, 1941, and so much thereof as falls after the said end of March;
 
 
 
 
(b) “excess profits” means the amount by which the profits for any period exceed the standard profits for that period.
 
 
 
 
(2) The profits or loss of, and the standard profits for, the whole period shall be computed first on the basis that rule 5A of the First Schedule and rule 2A of the Second Schedule do not apply to the period, and secondly on the basis that the said rules do apply to the period, and it shall then be ascertained, on each basis, whether there are excess profits or a deficiency of profits for the whole period, and, if so, what is the amount thereof.
 
 
 
 
(3) There shall be deemed to be for the first part of the period excess profits or a deficiency of profits, as the case may be, equal to an apportioned part of the excess profits or deficiency of profits ascertained under sub section (2) on the first basis mentioned therein, and there shall be deemed to be for the second part of the period excess profits or a deficiency of profits, as the case may be, equal to an apportioned part of the excess profits or deficiency of profits ascertained under sub section (2) on the second basis mentioned therein; and, for the purpose of giving relief for deficiencies of profits under section 7, the first part of the period and the second part of the period shall each be treated as if it were a separate chargeable accounting period.
 
 
 
 
(4) Any apportionment required to be made by sub section (3) shall be made by reference to the number of months and fractions of months in each of the parts of the whole period.]

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    Section 7A was inserted by section 4 of the Excess Profits, Tax (Second Amendment) Act, 1941 (Act No. XXIV of 1941)
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