Clause or sub-section???


This query is : Resolved 

(Querist)
29 July 2013 definition of transfer is given in sec. 2(47) of income tax act, 1961.
wether (47) is sub-section or clause????

29 July 2013 (47) is a clause.
.

meet gupta (Querist)
30 July 2013 sir what is the difference between subsection and clause???
how to identify them?????

19 July 2024 In the context of the Income Tax Act, 1961, Section 2(47) refers to a specific provision within Section 2 of the Act. Here’s how to understand subsections and clauses within a section:

1. **Subsection (Sub-section)**:
- A subsection is a division within a section of a statute. It is denoted numerically, such as Section 2(47) or Section 80C(2).
- In the example "Section 2(47)," the number "47" refers to the specific subsection within Section 2 of the Income Tax Act.

2. **Clause**:
- A clause is a smaller division within a subsection or a paragraph within a clause. It typically appears as part of a sentence or a list within the subsection.
- In the context of Section 2(47), "clause" is not explicitly used. Instead, the provision may contain definitions or descriptions that are numbered sequentially under the subsection.

**Difference between Subsection and Clause**:

- **Subsection**: It refers to a distinct division within a section of a statute. It is numbered and represents a major organizational unit within the section.

- **Clause**: It refers to a smaller unit within a subsection or a provision. Clauses are often used to enumerate specific points or details within a subsection.

**Identifying Them**:

- **Subsection**: Look for the numeric division within a section. For example, in "Section 2(47)," the number 47 denotes the subsection.

- **Clause**: Clauses are usually identified by numbers or letters within a subsection. They often start with phrases like "whereas," "provided that," "notwithstanding," etc., and are used to break down specific points within the subsection.

In summary, "Section 2(47)" refers to a specific subsection within Section 2 of the Income Tax Act, 1961, which defines the term "transfer." Subsections and clauses are organizational units within a statute, with subsections being larger divisions and clauses being smaller divisions or details within those subsections.


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