Income Tax Act, 1967.

Basis of assessment.

111.—(1) In the case of income tax chargeable under Schedule E in respect of any office or employment held by any person, or any annuity, pension or stipend to which any person is entitled, tax shall, in the class of case referred to in section 110 (1) (c) and subject as hereinafter provided, be computed—

(a) as respects the year of assessment in which the person first holds the office or employment or becomes entitled to the annuity, pension or stipend, on the amount of his emoluments for that year;

(b) as respects subsequent years of assessment on the full amount of the emoluments for the year preceding the year of assessment, provided that where the person first held the office or employment or became entitled to the annuity, pension or stipend in the year preceding the year of assessment the computation shall be made on the amount of the emoluments for the year of assessment, provided also that, where the person first held the office or employment or became entitled to the annuity, pension or stipend in the year next before the year preceding the year of assessment, he shall be entitled on giving notice in writing to the inspector within twelve months after the end of the year of assessment, to be charged on the amount of the emoluments for the year of assessment.

(2) Where in any year of assessment a person ceases to hold an office or employment or to be entitled to an annuity, pension or stipend chargeable under Schedule E, tax shall be charged for that year on the amount of his emoluments for the period beginning on the 6th day of April in that year and ending on the date of the cessation and, if tax has been charged otherwise than in accordance with this provision, any tax overpaid shall be repaid, or an additional assessment may be made, as the case may require.

(3) In the case of the death of a person in whose case, if he had not died, tax would, under the provisions of subsection (2) have become chargeable for any year, the tax which would have been so chargeable shall be assessed and charged upon his executors or administrators, and shall be a debt due from and payable out of his estate.

(4) In this section “emoluments” means all salaries, fees, wages, perquisites or profits or gains whatsoever arising from an office or employment, or the amount of any annuity, pension or stipend as the case may be.