Title : Refunds
State : Central
Year : 1957
(1) Where, as a result of any order passed in appeal or other proceeding including a rectification proceeding under this Act, refund of any amount becomes due to the assessee, the 1 [Assessing Officer] shall, except as otherwise provided in this Act, refund the amount to the assessee without his having to make any claim in that behalf: 2 [Provided that where, by the order aforesaid; (a) an assessment is set aside or cancelled and an order of fresh assessment is directed to be made, the refund, if any, shall become due only on the making of such fresh assessment; (b) the assessment is annulled, the refund shall become due only of the amount, if any, of the tax paid in excess of the tax chargeable on the 3 [net wealth) returned by the assessee.] 4 [(2) Where refund of any amount..... View Complete Act List Judgments citing this sectionTitle : Removal from Register of Names of Valuers and Restoration
State : Central
Year : 1957
(1) The 1 [Chief, Commissioner orDirector-General] may remove the name of any person from the register of valuerswhere 2 [he is satisfied] after giving that person a reasonableopportunity of being heard and after such further inquiry, if any, as 3 [hethinks fit] to make; (i)that his name has been entered in the register by error or on account ofmisrepresentation or suppression of a material fact; (ii)that he has been convicted of any offence and sentenced to a term ofimprisonment or has been guilty of misconduct in his professional capacity which, in theopinion of the 1 [Chief Commissioner or Director-General], rendershim unfit to be kept in the register. (2)The 4 [Chief Commissioner or Director-General] may, on application andon sufficient cause being shown, restore to the..... View Complete Act List Judgments citing this sectionTitle : Rectification of Mistakes
State : Central
Year : 1957
1[35. Rectification of mistakes (1) With a view to rectifying any mistake apparent from the record (a) the 2 [Assessing Officer] may amend any order of assessment or of refund or any other order passed by him; 3 [(aa) a wealth-tax authority may amend any intimation or deemed intimation under sub-section (1) of section 16.] 4 [5 [(aaa)] the Valuation Officer may amend any order passed by him under section 16A;] 6 [(b) the Joint Director or Joint Commissioner or Director or Commissioner or Joint Commissioner (Appeals) or Commissioner (Appeals) may amend any order passed by him under section 18A;] 7[*****] 8 [(c) the Joint Commissioner (Appeals) or Commissioner (Appeals) may amend any order passed by him under section 23 14 [or section 23A]; (d) the Commissioner may amend..... View Complete Act List Judgments citing this sectionTitle : Offences by Companies
State : Central
Year : 1957
1[35HA. Offences by companies. - (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 the 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 (1) where an offence under this Act has been committed by a company and it is..... View Complete Act List Judgments citing this sectionTitle : Power of Search and Seizure
State : Central
Year : 1957
1 [37A. Power of search and seizure (1) Where the 2 [Director-General or Director] or the 3 [Chief Commissioner or Commissioner] or any such 4 [Joint Director] or 5 [Joint Commissioner] as may be empowered in this behalf by the Board, in consequence of information in his possession, has reason to believe that- (a) any person to whom a notice under sub-section (4) of section 16 or a summons under section 37 was issued to produce, or cause to be produced, any books of account or other documents, has omitted or failed to produce, or cause to be produced, such books of account or other documents as required by such notice or summons, or (b) any person to whom a notice or summons as aforesaid has been or might be issued will not, or would not, produce, or cause to be produced, any..... View Complete Act List Judgments citing this sectionTitle : Power to Requisition Books of Account, Etc.
State : Central
Year : 1957
(1) Where the1[Director-General or Director] or the2[Chief Commissioner or Commissioner], in consequence of information in his possession, has reason to believe that- (a) any person to whom a notice under sub-section (4) of section 16 or a summons under section 37 was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause to be produced, such books of account or other documents as required by such notice or summons and the said books of account or other documents have been taken into custody by any officer or authority under any other law for the time being in force, or (b) an y books of account or other documents will be useful for, or relevant to, any proceeding under this Act and any person to whom a notice..... View Complete Act List Judgments citing this sectionTitle : Special Provision in Respect of Certain Industrial Undertakings in North-eastern Region
State : Central
Year : 1961
1[(1) Subject to the provisions of this section, any profits and gains derived by an assessee from an industrial undertaking, which has begun or begins to manufacture or produce any article or thing on or after the 1st day of April, 1998 in any Integrated Infrastructure Development Centre or Industrial Growth Centre located in the North-Eastern Region (hereafter in this section referred to as the industrial undertaking) shall not be included in the total income of the assessee. (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely : (i) it is not formed by the splitting up, or the reconstruction of, a business already in existence : Provided that this condition shall not apply in respect of any industrial undertaking which is..... View Complete Act List Judgments citing this sectionTitle : Income from Property Held for Charitable or Religious Purposes
State : Central
Year : 1961
(1) Subject to the provisions of sections 60 to 63, the following income shall not be included in the total income of the previous year of the person in receipt of the income - (a) income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purposes in India ; and, where any such income is accumulated or set apart for application to such purposes in India, to the extent to which the income so accumulated or set apart is not in excess of 1[fifteen per cent] of the income from such property ; (b) income derived from property held under trust in part only for such purposes, the trust having been created before the commencement of this Act, to the extent to which such income is applied to such purposes..... View Complete Act List Judgments citing this sectionTitle : Section 11 Not to Apply in Certain Cases
State : Central
Year : 1961
(1) Nothing contained in section 11 or section 12 shall operate so as to exclude from the total income of the previous year of the persons in receipt thereof (a) any part of the income from the property held under a trust for private religious purposes which does not enure for the benefit of the public; (b) in the case of a trust for charitable purposes or a charitable institution created or established after the commencement of this Act, any income thereof if the trust or institution is created or established for the benefit of any particular religious community or caste; (c) in the case of a trust for charitable or religious purposes or a charitable or religious institution, any income thereof (i) if such trust or institution has been created or established after the..... View Complete Act List Judgments citing this sectionTitle : Special Provision Relating to Incomes of Political Parties
State : Central
Year : 1961
Any income of a political party which is chargeable under the head Income from house property or Income from other sources or 1[Capital gains or] any income by way of voluntary contributions received by a political party from any person shall not be included in the total income of the previous year of such political party: Provided that - (a) such political party keeps and maintains such books of account and other documents as would enable the Assessing Officer to properly deduce its income therefrom; (b) in respect of each such voluntary contribution in excess of 2[twenty thousand rupees], such political party keeps and maintains a record of such contribution and the name and address of the person who has made such contribution; and (c) the accounts of such political party are..... View Complete Act List Judgments citing this section