FINANCE ACT, 1992
18 of 1992
[31st May, 1992]
An Act to give effect to the financial proposals of the Central Government for the financial year 1992-93. Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:---
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called The Finance Act. 1992.
(2) Save as otherwise provided in this Act Sections 2-to108,116and117[except sections61.109. sub-section (1) of section 110andsections 112and113shall be deemed to have come into force on the 1st day of April, 1992.
SECTION 02: INCOME-TAX
(1) Subject to the provisions of sub-sections (2) and (3). for the assessment year commencing on the 1st day of April. 1992, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax as reduced by the rebate of income- tax calculated under section 88 of the Income-tax Act. 1961(hereinafter referred to as the Income-tax Act) shall be increased.
(a) in the cases to which Paragraphs A. B. C and D of that Part apply, by a surcharge for purposes of the
union: and
(b) in the cases to which Paragraphs A, B. E of that Part applies, by a surcharge, calculated in each case in the manner provided therein.
(2) In the cases to which Sub-Paragraph I or Sub-Paragraph II of Paragraph A of Part I of the First Schedule apply, where the assessee has in the previous year. any net agricultural income exceeding six hundred rupees, in addition to total income, and the total income exceeds.
(i) in a case to which said Sub-Paragraph I applies, twenty-two thousand rupees, and
(ii) in a case to which they said Sub-Paragraph II applies, twelve thousand rupees. then.-
(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say. as if the net agricultural
income were comprised in the total income after.---
(i) in a case to which they said Sub-Paragraph I applies, the first twenty -two thousand rupees, and
(ii) in a case to which they said Sub-Paragraph II applies, the first twelve thousand rupees, of the total income but without being liable to tax], only for the purpose of charging income-tax in respect of the total income: and
(b) the income-tax chargeable shall be calculated as follows: --
(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the aggregate income at the rates specified in Sub -Paragraph I or, as the case may be, Sub-Paragraph II of the said Paragraph A, as if such aggregate income were the total income:
(ii) the net agricultural income shall be increased---
(A) in a case to which they said Sub-Paragraph I applies, by a sum of twenty -two thousand rupees: and
(B) in a case to which they said Sub-Paragraph II applies, by a sum of twelve thousand rupees, and the amount of income-tax shall be determined in respect of the net agricultural income as so increased at the rates specified in Sub - Paragraph I or, as the case may be, Sub-Paragraph II of the said Paragraph A, as if the net agricultural income as so increased were the total income;
(iii) the amount of income-tax determined in accordance with sub-clause (i) shall be reduced by the amount of income -tax determined in accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax in respect of the total income: Provided that the amount of income-tax so arrived at, as reduced by the rebate of income-tax calculated under Chapter 8A of the Income-tax Act , shall, in the case of every person having a total income exceeding seventy-five thousand rupees, be increased by a surcharge for purposes of the Union calculated at the rate of twelve percent, of such income -tax and the sum so arrived at shall be the income-tax in respect of the total income.
(3) In cases to which the provisions of Chapter XII or Chapter XII-A or sub-section (IA) of section 164orsection 164Aorsection 167B of the Income-taxAct apply, the tax chargeable shall be determined as provided in that Chapter or that section, and with reference to the rate imposed by sub-section (1) or the rates as specified in that Chapter or section, as the case may be : Provided that in respect of any income chargeable to tax under section 115BorSection 115BB of the Income-tax Act ,---
(a) the income-tax computed under Section 115B -shall be increased by a surcharge calculated at the rate of fifteen percent of such income-tax: and
(b) the income-tax computed under section 115BB-shall be increased. (i) in the case of a person other than a company, being a resident in India, by a surcharge for purposes of the Union calculated at the rate of twelve percent of such income- tax; and
(ii) in the case of a domestic company, by a surcharge calculated at the rate of fifteen percent of such income-tax.
(4) In cases in which tax has to be deducted under sections 193,194,194A,194B,194BB ,194Dand195 of the Income tax Act at the rates in force, the deduction shall be made at the rates specified in Pan II of the First Schedule and shall be increased,---
(a) in the cases to which the provisions of sub-item (a) of item I of that Part apply: by a surcharge for purposes of the Union: and
(b) in the cases to which the provisions of sub -item (a) of item 2 of that Part apply, by a surcharge. Calculated in each case in the manner provided therein.
(5) In cases in which tax has to be deducted under section 194C,194EE.194F,194Gand194H of the Income-tax Act, the deduction shall be made at the rates specified in those sections and shall be increased by a surcharge for purposes of the Union calculated at the rate of twelve percent of such deduction: Provided that in the case of an assessee, being a domestic company, the provisions of this sub-section shall have effect, as if for the words "twelve percent", the words "fifteen percent", had been substituted.
(6) In cases in which tax has to be collected under section 206C of the Income-tax Act, the collection shall be made at the rate specified in that section and shall be increased by a surcharge for purposes of the Union calculated at the rate of twelve percent of such collection: Provided that in the case of buyer, being a domestic company, the provisions of this sub- section shall have effect, as if for the words "twelve percent", the words "fifteen percent", had been substituted.
(7) Subject to the provisions of sub-section (8) in cases in which income-tax has to be calculated under the First proviso to sub-section (5) of Section 132 of the Income-tax Actor charged under sub-section (4) of section 172or sub - section (2) of section 174orSection 175or sub -section (2) of section 176of the said Act or deducted under section 192of the said Act from income chargeable under the head "Salaries" or in which the "advance tax" payable under Chapter XVII-C of the said Act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" shall be so calculated, charged, deducted or computed at the rate or rates specified in Part III of the First Schedule and such tax as reduced by the rebate of income-tax calculated under Chapter VIII-A shall be increased.---
(a) in the cases to which Paragraphs A. B. C and D of that Part apply, by a surcharge for purposes of the Union: and
(b) in the cases to which Paragraph E of that Part applies, by a surcharge. calculated in each case in the manner provided therein : Provided that in cases to which the provisions of Chapter XII or Chapter XIIA or sub -section (1A) of section 161orsection 164or section 164Aorsection 167B of the Income-tax Act apply, "advance tax" shall be computed with reference to the rates imposed by this Sub-section or the rates as specified in that Chapter or section, as the case may be: Provided further that the amount of income-tax computed in accordance with the provisions of section 112shall be increased by a surcharge for purposes of the Union or surcharge as provided in Paragraph A, B. C. D or E, as the case may be, of Pan III of the First Schedule: Provided also that in respect of any income chargeable to tax under section 115B of the income- tax Act, the "advance tax" computed under the first proviso shall be increased by a sur-charge for purposes of the Union calculated at the rate of fifteen percent of such "advance tax".
(8) In the cases to which Sub-Paragraph I or Sub-Pragraph II of Paragraph A of Part III of the First Schedule applies, where the assessee has, in the previous year or, if by virtue of any provision of the Income-tax Act. income tax is to be charged in respect of the income of a period other than the previous year, in such other period, any net agricultural income exceeding six hundred rupees, in addition to total income and the total income exceeds,---
(i) in a case to which they said Sub-Paragraph I applies, twenty-eight thousand rupees, and
(ii) in a case to which they said Sub-Paragraph II applies, eighteen thousand rupees; then, in calculating income-tax under the first proviso to sub-section (5) of section 132 of the Income-tax Actor in charging income-tax under sub-section (2) of section 174 or section 175or sub-section (2) of section 176of the said Act or in computing the "advance tax" payable under Chapter XVII-C of the said Act, at the rate or rates in force, -
(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say. as if the net agricultural income were comprised in the total income after ---
(i) in a case to which they said Sub-Paragraph I applies, the first twenty -eight thousand rupees, and
(ii) in a case to which they said Sub-Paragraph II applies, the first eighteen thousand rupees of the total income but without being liable to tax], only for the purpose of calculating, charging or computing such income-tax or, as the case may be, "advance tax" in respect of the total income, and
(b) such income-tax or, as the case may be, "advance tax" shall be so calculated, charged or computed as follows : ---
(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax or "advance tax" shall be determined in respect of the aggregate income at the rates specified in Sub-Paragraph I or. as the case may be, Sub –Paragraph II of the said Paragraph A. as if such aggregate income were the total income.
(ii) the net agricultural income shall be increased,---
(A) in a case to which they said Sub-Paragraph I applies, by a sum of twenty - eight thousand rupees: and
(B) in a case to which they said Sub -Paragraph II applies, by a sum of eighteen thousand rupees. and the amount of income-tax or "advance tax" shall be determined in respect of the net agricultural income as so increased at the rates specified in the said Sub-Paragraph I or as the case may be the said Sub-paragraph II. as if the net agricultural income as so increased were the total income:
(iii) the amount of income -tax or "advance tax" determined in accordance with sub -clause (i) shall be reduced by the amount of income tax or, as the case may be. "advance tax" determined in accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax or, as the case may be. "advance tax" in respect of the total income: - Provided that amount of income-tax or "advance tax" so arrived at, as reduced by the rebate of income-tax calculated under Chapter VIII-A of the said Act, shall, in the case of every person having a total income exceeding one hundred thousand rupees, be increased by a surcharge for purposes of the Union calculated at the rate of twelve percent of such income-tax or. as the Case may be, "advance tax" and the sum so arrived at shall be the income - tax or. as the case may be, "advance tax" in respect of the total income.
(9) For the purposes of this section and the First Schedule. (a) "Company in which the public are substantially interested" means a company within the meaning of clause (18) of section 2 of the Income-tax Act. and includes a subsidiary of such company if the whole of the share capital of such subsidiary company has been held by the parent company or by its nominees throughout the previous year:
(b) "domestic company" means an Indian company, or any oilier company which, in respect of its income liable to income-tax under the Income-tax Act for the assessment year commencing on the 1st day of April, 1992, has made the prescribed arrangements for the declaration and payment within India of the dividends (including dividends on preference shares) payable out of such income in accordance with the provisions of section 194of the Act:
(c) "insurance commission" means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (including business relating to the continuance, renewal or revival of policies of insurance);
(d) "net agricultural income", in relation to a person means the total amount of agricultural income, from whatever source derived, of that person computed in accordance with the rules contained in Part IV of the First Schedule:
(e) "Tax-free security" means any security of the Central Government issued or declared to be income-tax free or any security of a State Government issued income-tax free. the income-tax whereon is payable by the State Government:
(f) all other words and expressions used in this section or in the First Schedule but not defined in this sub - section and defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act.
SECTION 03: 3-88
Of this Act amended the following sections of the Income-tax Act which are being incorporated in the Principal Act and hence not printed here at. Sections affected are;2:10;13,15,16,17,232428,33AC,34A (Ins.).36,37,40,40A,41,44AA44AB, 44AC(omitted)45,47,48(Subst.).49,53(omitted).5454B,54D,54E,54F54G,54H,556567,7171 A,(Ins.),75(Subst.), 76(Subst.), 77(Subst.).78, 80A80CCA80CCB, 80D80DD 80HHC 80IA, 80L86(Subst.),87,88, 88B(Ins.),112(Ins.).115A115AB115AC(Ins.).115D Chap.12C(Ins.), 139,143154,155,158 Chap. XV Subheading (Subst.),182(omitted), 183(omitted). 184(Subst.),185(Subst.), 186(Subst.),187,189,189A(Ins.), 193, 194A194C194H 196C(Ins.), 197197A,198, 199200,202203,203A, 205,206C211, 2430239246247(Omitted),253,267(Subst.). II Sch..Section 88SECTION 89: AMENDMENT OF SECTION 2
In Section 2 of the Wealth-tax Act. 1957(hereinafter referred to as the Wealth-tax Act), with effect from the 1st day of April. (a) in clause (e), in sub-clause (2). in the opening portion, after the words "subsequent assessment year", the words figures and letters "but before the 1st day of April. 1993" shall be inserted.
(b) After clause (e), the following clause shall be inserted, namely :--- '(ea)"assets". in relation to the assessment year commencing on the 1st day of April. 1993, or any subsequent assessment year means
(i) any guest house and any residential house [including a farm house situated within twenty-five kilometers from the local limits of any municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee. town committee or by any other name) or a cantonment board], but does not include-
(1) a house meant exclusively for residential purposes and which is allotted by a company to an employee or an officer or a director who is in whole-time employment, having a gross annual salary of less than two lakh rupees;
(2) any house for residential purposes which forms part of stock-in -trade;
(ii) motor cars (other than those used by the assessee in the business of running them on hire or as stock-in - trade):
(iii) Jewellery, bullion, and furniture, utensils or any other article made wholly or partly of gold. silver, platinum or any other precious metal or any alloy containing one or more of such precious metals: Provided that where any of the said assets is used by the assessee as stock-in-trade, such asset shall be deemed as excluded from the assets specified in this sub-clause;
(iv) yachts, boats and aircrafts (other than those used by the assessee for commercial purposes);
(v) urban land;
(vi) cash in land, in excess of fifty thousand rupees, of individuals and Hindu undivided families and in the case of other persons any amount not recorded in the books of account. Explanation .-- For the purposes of this clause,---
(a) "jewellery" includes -
(i) ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals whether or not containing any precious or semi-precious stones, and whether or not worked or sewn into any wearing apparel;
(ii) precious or semi-precious stones, whether or not set in any furniture, utensils or other article or worked or sewn into any wearing apparel;
(b) "urban land" means land situate--
(i) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area' committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the valuation date: or
(ii) in any area within such distance, not being more than eight kilometers from the local limits of any municipality or cantonment board referred to in sub-clause (i), as the Central Government may, having regard to the extent of, and scope for urbanization of that area and other relevant consideration, specify in this behalf by notification in the Official Gazette, but does not include land on which construction of a building is not permissible under any law for the time being in force in the area in which such land is situated or the land occupied by any building which has been constructed with the approval of the appropriate authority or any unused land held by the assessee for industrial purposes for a period of two years from the date of its acquisition by him';
(c) in clause (m), for the portion beginning with the words "on the valuation date other than-" and ending with the words, brackets, figures and letter "under sub-section (IA) of section 5-:" the words "on the valuation date which have been incurred in relation to the said assets," shall be substituted.
SECTION 90: AMENDMENT OF SECTION 3
In Section 3 of the Wealth-tax Act shall be renumbered as sub-section (1) thereof and. with effect from the 1st day of April, 1993,- (a) in sub-section (1), as so renumbered, after the words and figures "first day of April, 1957". The words and figures "but before the first day of April, 1993" shall be inserted: (b) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:- "(2) Subject to the other provisions contained in this Act. There shall be charged for every assessment year commencing on and from the 1st day of April 1993, wealth-tax in respect of the net wealth on the corresponding valuation date of every individual. Hindu undivided family and company, at the rate of one percent of the amount by which the net wealth exceed fifteen lakh rupees".
SECTION 91: AMENDMENT OF SECTION 4
In section 4 of the Wealth-tax Act with effect from the 1st day of April, 1993-
(a) in sub-section ( I ),-
(i) in sub-clause (ii). the words "to whom such assets have been transferred by the individual, directly or indirectly, otherwise than for adequate consideration", shall be omitted:
(2) in sub-clause (iii), the words "or minor child (not being a married daughter) or both" shall be omitted:
(3) in sub-clause (v). the words "or the son's minor child", shall be omitted;
(4) in sub-section (vi) the words "or the son's minor child" shall be omitted:
(5) after the existing proviso, the following provisos shall be inserted, namely:- "Provided further that nothing contained in sub -clause (ii) shall apply in respect of such assets as have been acquired by the minor child out of his income referred to in the proviso to sub -section (IA) of section 64 of the Income-tax Act and which are held by him on the valuation date : Provided also that where the assets held by a minor child are to be included in computing the net wealth of an individual, such assets shall be included,--- (a) where the marriage of his parents subsists, in the net wealth of that parent whose, net wealth (excluding the assets of the minor child so includible under this sub-section) is greater; or
(b) where the marriage of his parents does not subsist, in the net wealth of that parent who maintains the minor child in the previous year as defined in section 3 of the Income-tax Act, and where any such assets are once included in the net wealth of either parent, any such assets shall not be included in the net wealth of the other parents in any succeeding year unless the Assessing Officer is satisfied, after giving the parent .an opportunity of being heard, that it is necessary so to do"; (ii) in clause (b) ---
(1) in the opening portion, for the words "interest in the firm", the words "interest in the assets of the firm" shall be substituted:
(2) for the proviso, the following proviso shall be substituted, namely:--- "Provided that where a minor is admitted to the benefits of partnership in a firm, the value of the interest of such minor in the firm, determined in the manner specified above, shall be included in the net wealth of the parent of the minor, so far as may be, in accordance with the provisions of the third proviso, to clause (a).";
(b) in sub-section ( I A), in clause (c) and the proviso there under, the words "or minor child" wherever they occur, shall be omitted:
(c) Sub -section (3) shall be omitted.
SECTION 92: AMENDMENT OF SECTION 5
In section 5 of the Wealth-tax Act, with effect from the 1st day of April, 1993,---
(a) in subjection (1).---
(i) the brackets, figures, words and letters Subject to the provisions of sub -section (IA)", occurring in the opening portion, shall be omitted:
(ii) Clauses (xiv) and (xxxiii) shall be renumbered as clauses (iv) and (v) and the existing clauses (iv) to (xiii). clauses (xv) to (xxxii) and clause (xxxiv) shall be omitted;
(b) Sub-sections (IA) to (4) shall be omitted.
SECTION 93: AMENDMENT OF SECTION 7
In section 7 of the Wealth-tax Act, in sub-section (2), the proviso shall be omitted with effect from the 1st day of April. 1993.
SECTION 94: AMENDMENT OF SECTION 21
In section 21 of the Wealth-tax Act, after sub-section (5), and the Explanation there under, the following sub-section shall be inserted, with effect from the 1st day of April, 1993. namely :--- "(6) Nothing contained in this section shall apply to and-in relation to any assessment for the assessment year commencing on the 1st day of April, 1993 or any subsequent assessment year.".
SECTION 95: AMENDMENT OF SECTION 2 IA
In section 21 of the Wealth-tax Act, with effect from the 1st day of April, 1993.---
(a) for the words, brackets and figures "Notwithstanding anything contained in clause (i) of subsection (1) of section 5-, .where any property is held", the words "Where any property is held" shall be substituted.
(b) the words, brackets and figures "but without excluding the value of any asset under subsection (1) of section 5-, and at the maximum marginal rate" shall be omitted;
(c) the second proviso shall be omitted;
(d) in the third proviso.---
(i) For the words "Provided also that", the words a "provided further that" shall be substituted.
(ii) In item (2). for the words and figures "Part I of Schedule I in the case of an individual", the words, brackets and figures "sub-section (2) of section 3-" shall be substituted:
(e) in the Explanation, clause (aa) shall be omitted.
SECTION 96: AMENDMENT OF SECTION 21AA
In section 21AA of the Wealth-tax Act with effect from the 1st day of April, 1993.---
(a) In sub-section (1), the words, "and at the maximum marginal rate", occurring at the end. shall be omitted:
(b) The Explanation shall be omitted.
SECTION 97: AMENDMENT OF SECTION 35
In section 35 of the Wealth-tax Act, in sub-section (2), after the words, brackets and letter "clause (m) of section 2-" the words and figures, "as it existed immediately before its amendment by the Finance Act. 1992" shall be inserted with effect from the 1st day of April. 1993.
SECTION 98: INSERTION OF NEW SECTION 35HA
After section 35H of the Wealth-tax Act, the following section shall be inserted, with effect from the 1st day of April, 1993. namely :---
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to. the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section CD, where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of. or is attributable to any neglect on the part of. any director. manager, secretary or other officer of the company such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--- For the purposes of this section,---
(a) "company" means a body corporate, and includes---
(i) a firm: and
(ii) an association of persons or a body of individuals whether incorporated or not: and
(b) "director", in relation to,---
(i) a Firm, means a partner in a firm:
(ii) Any association of persons or a body of individuals, means any member controlling the affairs thereof."
SECTION 99: AMENDMENT OF SECTION 45
In section 45 of the Wealth-tax Act with effect from the 1st day of April, 1993,---
(a) clauses (a) to (e) shall be omitted:
(b) for clause (h). the following clause shall be substituted, namely:--- "(h)any social club::"
SECTION 100: AMENDMENT OF SCHEDULE 1
In Schedule 1 of the Wealth-tax Act, with effect from the 1st day of April. (a) For the brackets, words and figure "(See section 3-)". the brackets, words and Figures "[See section 3(1)-]" shall be substituted,
(b) Part II shall be omitted;
(c) rules 1,3.4and5shall be omitted.
SECTION 101: OMISSION OF SCHEDULE II
Schedule II of the Wealth-tax Act shall be omitted with effect from 1st day of April, 1993.
SECTION 102: AMENDMENT OF SCHEDULE III
- In Schedule 3 of the Wealth-tax Act, Part C shall be omitted with effect from the 1st day of April. 1993.
section 103: 103-104
[Amendments would be found incorporated in the Interest-tax Act.].
SECTION 105: 105-108
[Incorporated in the Principal Act].
SECTION 109:
Amendments incorporated in the Customs Act. 1962.
SECTION 110:
Amendments incorporated in the Customs Tariff Act. 1975.
SECTION 111: AUXILIARY DUTIES OF CUSTOMS
(1) In the case of goods mentioned in the First Schedule to the Customs Tariff Act. or in that Schedule, as amended from time to time there shall be levied and collected, as an auxiliary duty of customs an amount equal to fifty percent of the value of the goods as determined in accordance with the provisions of section 14 of the Customs Act.
(2) Sub-section (1) shall cease to have effect after the 31st day of March. 1993 and upon such cesser, section 6 of the General Clauses Act, 1897shall apply as if the said sub-section had been repealed by Central Act.
(3) The auxiliary duties of customs referred to in sub-section (1) shall be in addition to any duties of customs chargeable on such goods under the Customs Act or any other law for the time being in force.
(4) The provisions of the Customs Act and the rules and regulations made there under, including those relating to refunds and exemptions from duties, shall, as far as may be. apply in relation to the levy and collection of the auxiliary duties of customs leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of customs on such goods under that Act or those rules and regulations, as the case may be.
SECTION 112: REMOVAL OF DOUBTS
For the removal of doubts, it is hereby declared that notwithstanding the amendment made in clause (8) of section 2 of the Customs Act, 1962 by this Act, the provisions of Chapter XV shall continue to apply in so far as they relate to any decision or order passed by an Additional Collector of Customs, immediately before the date on which the Finance Bill, 1992 receives the assent of the President.
SECTION 113: AMENDMENT OF ACT 1 OF 1944
In the Central Excises and Salt Act, 1944(hereinafter referred to as the Central Excises Act).
(1) For section 6-, the following section shall be substituted, namely:- "6. Registration of certain persons.- Any prescribed person who is engaged in"-
(a) The production or manufacture or any process of production or manufacture of any specified goods included in the Schedule to the Central Excise Tariff Act. 1985, or (b) t
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