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The Excess Profits Tax Act, 1940

( ACT NO. XV OF 1940 )

Transactions designed to avoid or reduce liability to excess profits tax
1[10A. (1) Where the Excess Profits Tax Officer is of opinion that the main purpose for which any transaction or transactions was or were effected [whether before or after the passing of the Excess Profits Tax (Second Amendment) Act, 1941] was the avoidance or reduction of liability to excess profits tax, he may, with the previous approval of the Inspecting Assistant Commissioner, make such adjustments as respects liability to excess profits tax as he considers appropriate so as to counteract the avoidance or reduction of liability to excess profits tax which would otherwise be effected by the transaction or transactions.
 
 
 
 
(2) Without prejudice to the generality of the powers conferred by sub section (1), the powers conferred thereby extend
 
 
 
 
(a) to the charging with excess profits tax of persons who but for the adjustments would not be chargeable with any tax or would not be chargeable to the same extent;
 
 
 
 
(b) to the charging of a greater amount of tax than would be chargeable but for the adjustments.
 
 
 
 
(3) Any person aggrieved by a decision of the Excess Profits Tax Officer under this section may appeal in the prescribed time and manner to the Appellate Tribunal.]

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    Section 10A was inserted by section 6 of the Excess Profits, Tax (Second Amendment) Act, 1941 (Act No. XXIV of 1941)
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