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. Hereโs 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.