Title : Procedure when Assessee Claims Identical Question of Law is Pending Before High Court or Supreme Court
State : Central
Year : 1957
(1) Notwithstanding anything containedin this Act, where an assessee claims that any question of law arising inhiscase for an assessment year which is pending before the 1 [ AssessingOfficer] or any appellate authority (such case being hereafter in this sectionreferred to as the relevant case) is identical with a question of law arising inhis case for another assessment yearwhich is pending before the High Court or the Supreme Court on a reference undersection 27 4 [orin appeal under section 27Abefore the HighCourt] or in appeal before the SupremeCourt under section 29(such case being hereafter in this section referred to as the other case), hemay furnish to the 1 [Assessing Officer]or the appellate authority, asthe case may be, a declaration in the prescribed form and verified in..... View Complete Act List Judgments citing this sectionTitle : Appeal to the [Deputy Commissioner (Appeals)] from Orders of [Assessing Officer
State : Central
Year : 1957
23. Appeal to the 1 [Deputy Commissioner (Appeals)] from orders of 2 [Assessing Officer. - (1) 3 [Subject to the provisions of sub-section (LA), any person]- (a) objecting to the amount of 4 [net wealth] determined under this Act; or (b) objecting to the amount of wealth-tax determined as payable by him under this Act; or (c) denying his liability to be assessed under this Act; or 5 [(d) objecting to any penalty imposed by the Assessing Officer under section 18 6 [*****];] (e) objecting to any order of the 2 [Assessing Officer] under sub-section (2) of section 20; or (f) objecting to any penalty imposed by the 2 [Assessing Officer] under the provisions of 7 [section 221] of the Income-tax Act as applied under section 32 for the purposes of wealth-tax; 8 [or] 9 [(g)..... View Complete Act List Judgments citing this sectionTitle : Appeal to the Appellate Tribunal from Orders of the [Joint Commissioner (Appeals)
State : Central
Year : 1957
24. Appeal to the Appellate Tribunalfrom orders of the 1 [Joint Commissioner (Appeals)]. - 2 [(1) An assessee objecting to an orderpassed by the 1 [Deputy Commissioner (Appeals)] 3 [or theCommissioner (Appeals) under section 18 or section 18A or section 23, 4 [section 23A] or sub-section (2) of section 37, 5 [*****]may appeal to the Appellate Tribunalwithin sixty days of the date on which the order is communicated tohim.] (2) The Commissioner may, if he is notsatisfied as to the correctness of any order passed by 6 [aCommissioner (Appeals) under sub-section (10) of section 23A] direct the 7 [Assessing Officer] to appeal tothe Appellate Tribunal against such order, and such appeal may be made at anytime before the expiry of sixty days of the date on which the order iscommunicated to..... View Complete Act List Judgments citing this sectionTitle : 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 section