Title : Interest on Refund Where No Claim is Needed
State : Central
Year : 1961
(1) Where a refund is due to the assessee in pursuance of an order referred to in section 240 and the Assessing Officer does not grant the refund within a period of three months from the end of the month in which such order is passed the Central Government shall pay to the assessee simple interest at fifteen per cent per annum on the amount of refund due from the date immediately following the expiry of the period of three months aforesaid to the date on which the refund is granted. (1A) Where the whole or any part of the refund referred to in sub-section (1) is due to the assessee, as a result of any amount having been paid by him after the 31st day of March, 1975, in pursuance of any order of assessment or penalty and such amount or any part thereof having been found in appeal or..... View Complete Act List Judgments citing this sectionTitle : Power of Settlement Commission to Order Provisional Attachment to Protect Revenue
State : Central
Year : 1961
(1) Where, during the pendency of any proceeding before it, the Settlement Commission is of the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do, it may, by order, attach provisionally any property belonging to the applicant in the manner provided in the Second Schedule : Provided that where a provisional attachment made under section 281B is pending immediately before an application is made under section 245C, an order under this sub-section shall continue such provisional attachment up to the period up to which an order made under section 281B would have continued if such application had not been made : Provided further that where the Settlement Commission passes an order under this sub-section after the expiry of the period referred..... View Complete Act List Judgments citing this sectionTitle : Procedure in Appeal
State : Central
Year : 1961
(1) The 1[***] Commissioner (Appeals) shall fix a day and place for the hearing of the appeal, and shall give notice of the same to the appellant and to the Assessing Officer against whose order the appeal is preferred. (2) The following shall have the right to be heard at the hearing of the appeal- (a) the appellant, either in person or by an authorised representative; (b) the Assessing Officer, either in person or by a representative. (3) The 1[***] Commissioner (Appeals) shall have the power to adjourn the hearing of the appeal from time to time. (4) The 1[***] Commissioner (Appeals) may, before disposing of any appeal, make such further inquiry as he thinks fit, or may direct the Assessing Officer to make further inquiry and report the result of the same to the 1[***]..... View Complete Act List Judgments citing this sectionTitle : Statement of Case to the High Court (Omitted)
State : Central
Year : 1961
1[(1) The assessee or the Commissioner may, within sixty days of the date upon which he is served with notice of an order passed before the 1st day of October, 1998, under section 254, by application in the prescribed form, accompanied where the application is made by the assessee by a fee of two hundred rupees, require the Appellate Tribunal to refer to the High Court any question of law arising out of such order and, subject to the other provisions contained in this section, the Appellate Tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and refer it to the High Court: Provided that the Appellate Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application..... View Complete Act List Judgments citing this sectionTitle : Amendment of Assessment on Appeal
State : Central
Year : 1961
Where as a result of an appeal under section 246 1[or section 246A] or section 253, any change is made in the assessment of a body of individuals or an association of persons or a new assessment of a body of individuals or an association of persons is ordered to be made, the 2[***] Commissioner (Appeals) or the Appellate Tribunal, as the case may be, shall pass an order authorising the Assessing Officer either to amend the assessment made on any member of the body or association or make a fresh assessment on any member of the body or association. _______________________________ 1. Inserted by the Finance Act, 2000, with effect from 1st June, 2000. 2. The expression Deputy Commissioner (Appeals) or the omitted by the Finance (No. 2) Act, 1998, with effect from 1st October, 1998. ..... View Complete Act List Judgments citing this sectionTitle : Competent Authority
State : Central
Year : 1961
(1) The Central Government may, by general or special order published in the Official Gazette, (a) authorise as many 1[Joint Commissioners], as it thinks fit, to perform the functions of a competent authority under this Chapter; and (b) define the local limits within which the competent authorities shall perform their functions under this Chapter. (2) In respect of any function to be performed by a competent authority under any provision of this Chapter in relation to any immovable property referred to in section 269C, the competent authority referred to therein shall, (a) in a case where such property is situate within the local limits of the jurisdiction of only one competent authority, be such competent authority ; (b) in a case where such property is situate within the..... View Complete Act List Judgments citing this sectionTitle : Preliminary Notice
State : Central
Year : 1961
(1) The competent authority shall initiate proceedings for the acquisition, under this Chapter, of any immovable property referred to in section 269C by notice to that effect published in the Official Gazette: Provided that no such proceedings shall be initiated in respect of any immovable property after the expiration of a period of nine months from the end of the month in which the instrument of transfer in respect of such property is registered under the Registration Act, 1908 (16 of 1908), or as the case may be, section 269AB: Provided further that (a) in a case where it is determined under sub-section (4) of section 269B by the competent authority who has initiated proceedings for the acquisition of any immovable property under this Chapter or by the Board that such competent..... View Complete Act List Judgments citing this sectionTitle : Hearing of Objections
State : Central
Year : 1961
(1) The competent authority shall fix a day and place for the hearing of the objections made under section 269E against the acquisition under this Chapter of any immovable property, and shall give notice of the same to every person who has made such objection: Provided that such notice shall also be given to the transferee of such property even if he has not made any such objection. (2) Every person to whom a notice is given under sub-section (1) shall have the right to be heard at the hearing of the objections. (3) The competent authority shall have the power to adjourn the hearing of the objections from time to time. (4) The competent authority may, before disposing of the objections, make such further inquiry as he thinks fit. (5) The decision of the competent authority in..... View Complete Act List Judgments citing this sectionTitle : Assistance by Valuation Officers
State : Central
Year : 1961
(1) The competent authority may, (a) for the purpose of initiating proceedings for the acquisition of any immovable property under section 269C or for the purpose of making an order under section 269F in respect of any immovable property, require a Valuation Officer to determine the fair market value of such property and report the same to him ; (b) for the purpose of estimating the amount by which the compensation payable under sub-section (1) of section 269J in respect of any immovable property may be reduced or, as the case may be, increased under clause (a) or clause (b) of sub-section (2) of that section, require the Valuation Officer to make such estimate and report the same to him. (2) The Valuation Officer to whom a reference is made under clause (a) or clause (b) of..... View Complete Act List Judgments citing this sectionTitle : Mode of Taking or Accepting Certain Loans and Deposits
State : Central
Year : 1961
No person shall, after the 30th day of June, 1984, take or accept from any other person (hereafter in this section referred to as the depositor), any loan or deposit otherwise than by an account payee cheque or account payee bank draft if, (a) the amount of such loan or deposit or the aggregate amount of such loan and deposit ; or (b) on the date of taking or accepting such loan or deposit, any loan or deposit taken or accepted earlier by such person from the depositor is remaining unpaid (whether repayment has fallen due or not), the amount or the aggregate amount remaining unpaid ; or (c) the amount or the aggregate amount referred to in clause (a) together with the amount or the aggregate amount referred to in clause (b), is twenty thousand rupees or more : Provided that the..... View Complete Act List Judgments citing this section