TIOL-DDT 1177 · Tuesday, 18 August 2009 · story 3 of 3

Some interesting Definitions in the Direct Taxes Code

8. “agreement” includes any arrangement or understanding or action in concert, whether or not such arrangement, understanding or action, is-

(a) in writing;

(b) formal; or

(c) intended to be enforceable by legal proceedings;

23. “assessee” means every person -

(a) who is required to file a return of his tax base;

(b) who files a return of his tax base, regardless of the fact that he is otherwise not required to do so;

(c) who is required to furnish any information or document under this Code;

(d) in respect of whom any proceeding under this Code has been initiated;

(e) by whom any tax, or any other sum of money, is payable under this Code;

(f) to whom any amount of refund is payable under this Code;

(g) who is deemed to be an assessee under any provision of this Code;or

(h) who is an assessee in default;

24. “assessee in default” means,-

(a) an assessee who has failed to fulfill his obligation under this Code and has consequently failed to make payment of any amount due from him to the Central Government; or

(b) an assessee who is deemed to be assessee in default under any provision of this Code;

40. “business” includes -

(a) any trade, commerce or manufacture;

(b) any adventure, or concern of that nature;

(c) any profession; and

(d) any vocation;

52. “child” in relation to an individual, includes a step-child and an adopted child of that individual;

63. “computer software” means-

(a) any computer programme recorded on any disc, tape, perforated media or other information storage device; or

(b) any customized electronic data or any product or service of similar nature, as may be notified by the Board;

102. “family” in relation to an individual, means-

(a) the spouse and children of the individual; and

(b) the parents, brothers or sisters of the individual, if mainly dependant on the individual;

126. “however” shall mean an alternative intention, or a contrast, with the previous section, sub-section, clause, sub-clause, item or phrase, as the case may be, and a modification of it under such circumstances as specified therein

141. “India” means-

(a) the territory of India as referred to in article 1 of the Constitution;

(b) its territorial waters, continental shelf, exclusive economic zone or any other maritime zone as defined in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976;

(c) the air space above its territory and territorial waters; or

(d) the seabed and the subsoil underlying the territorial waters;