—(1) The Income-tax Officer, Appellate Assistant Commissioner, Commissioner and Appellate Tribunal shall, for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit in respect of the following matters, namely:— All Commissioners of Income-tax Sub: – Duties & Functions of an Inspector in the Department- Having reviewed the role of Inspector in the present day set-up of the Department the Board have compiled a new list of duties and functions of Inspector which is enclosed herewith. (1) The Chief Commissioner or the Commissioner, by general or special order in writing, may authorise a Tax Recovery Officer You can download Free Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev pdf from EduRev by (v) Make a note or an inventory of any such money, bullion, jewellery or other valuable article or thing. 117 ]. (1) The Chief Commissioner or the Commissioner, by general or special order in writing, may authorise a Tax Recovery Officer B Com. An Assessing Officer is a person who has the jurisdiction (rights) to make assessment of an Assessee, who is liable under the Income-tax Act. Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev notes for B Com is made by best teachers who have written some of the best books of Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev chapter (including extra questions, long questions, short questions, mcq) can be found on EduRev, you can check (Section 131) Born on 27 June, 1958 in Narnaul, Haryana joined Income-tax Department in the year 1983 and retired as Income Tax Officer on 30.06.2018. Functions of Director General of Income Tax (Administration) Supervision and control over the work in the following Directorates:- i. (d) Deputy Directors of Income-tax or Deputy Commissioners of Income-tax or Deputy Commissioners of Income-tax (Appeals),(e) Assistant Directors of Income-tax or Assistant Commissioners of Income-tax,(f) Income-tax Officers,(g) Tax Recovery Officers,(h) Inspectors of Income-tax. It kept with itself the powers to appoint authorities upto and above rank of an Assistant Commissioner of Income-Tax [ Sec. Section  of the Income Tax Act, 1961 provides for the administrative and judicial authorities for administration of this Act. [ Sec. Income Tax Department is headed by the apex body Central Board of Direct Taxes (CBDT). Now customize the name of a clipboard to store your clips. For the removal of doubts, it is hereby declared that any income-tax authority, being an authority higher in rank, may, if so directed by the Board, exercise the powers and perform the functions of the income-tax authority lower in rank and any such direction issued by the Board shall be deemed to be a direction issued under sub-section (1). By … It kept with itself the powers to appoint authorities upto and above rank of an Assistant Commissioner of Income-Tax [ Sec. ADVERTISEMENTS: 7. He is both an administrator and a quasi-judicial officer. just for education and the Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev images and diagram are even better than Byjus! out B Com lecture & lessons summary in the same course for B Com Syllabus. to exercise or not to exercise the power to rectify. This is Similarly, the authorisations issued can be further extended to cover persons as well as places during the course of the search itself. We'll assume you're ok with this, but you can opt-out if you wish. 1. This document is highly rated by B Com students and has been viewed 4888 times. The authorised officer may where it is not practicable to seize any such books of accounts other documents, money, bullion, jewellery or other valuable articles or things serve an order on the owner or the person who is in immediate possession or control thereof that he shall not remove or part with or otherwise deal with it except with previous permission of such officer, and such officer may take such steps as may be necessary for ensuring the compliance of his such order. The Vice-President shall exercise such of the powers and perform such of the functions of the President as may be delegated to him by the President by a general or special order in writing. Impound any books of accounts or other documents without recordings his reasons for doing so. 4. Where the higher tax authorities as a consequence of information in their possession have reason to believe that. ise or perform certain powers and functions of an Assessing Officer. The I-T Department, through its Tax Recovery Officer (TRO), has been bestowed with the powers to “arrest and detain” in prison a tax defaulter and carry out subsequent stringent penal action against the individual under the provisions of the Income Tax Act to recover arrears. iii. The I-T Department, through its Tax Recovery Officer (TRO), has been bestowed with the powers to “arrest and detain” in prison a tax defaulter and carry out subsequent stringent penal action against the individual under the provisions of the Income Tax Act to recover arrears. of Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev for B Com, the answers and examples explain the meaning of chapter in the best manner. In addition, the Chairman and every Member of CBDT are responsible for exercising supervisory control over definite areas of field offices of Income Tax Department, known as Zones. this is your one stop solution. Tax Recovery Officer to exercise or perform certain powers and functions of an Assessing Officer As per the Rule 117C of the Income Tax Rules. Below are the headings of these sections. (Sec. 1) Income-tax authorities shall exercise all or any of the powers and perform all or any of the functions conferred on or, as the case may be, assigned to such authorities by or under this Act in with such directions as the Board may issue for the exercise of the powers and performance of the 1. Do check out the sample questions Power and Procedure for Income Tax raid (Search and investigation) fall under the Indian Income Tax Act of 1961. (iii) Appointment of Income-Tax Authorities [ Sec. ise or perform certain powers and functions of an Assessing Officer. Next Post → Stay Home ~ Stay Learnt. Also, powers under Section 131(1) can be exercised by the assessing officer only when any proceedings are pending before him in relation to that assessee. When the prosecution fails to prevent tax evasion, the department has the to take actions like search and seizure. FUNCTION AND POWERS OF COMMISSIONER OF INCOME TAX: The commissioner exercises the power to control the staff of income tax department working in his jurisdiction. (a) the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963),(b) Directors-General of Income-tax or Chief Commissioners of Income-tax,(c) Directors of Income-tax or Commissioners of Income-tax or Commissioners of Income-tax (Appeals),1. Tests & Videos, you can search for the same too. EduRev is like a wikipedia commissionor or higher level officer can conduct search. Salute Magazine focuses on matters related to India’s armed forces and covers a range of national security and military issues that are of importance to the defence establishment, the armed and police forces. Next Post → Stay Home ~ Stay Learnt. 118 ]. It all happens all of a sudden and on the spot so what are the powers of an income tax officer / assessing officer while making enquires and checking our income/wealth according to the Income Tax Act. He is the primary authority who initiates the proceedings and is directly connected with the public. Main responsibility of IT Department is to enforce various direct tax laws, most important among these being the Income-tax Act, 1961, to collect revenue for Government of India. According to the appellant/assessee, it is incumbent under the scheme of statute to vest the Additional CIT u/s 120(4)(6) of the Act to exercise or perform all or any of the powers and functions of Assessing Officer under the Act. The said provision provides that Central Board of Direct Taxes (CBDT) may by a general or special order empower the powers and functions conferred on or as the case may be, assigned to, an AO to an Additional CIT or an Additional Director or a Joint Commissioner or a Joint Director. You can see some Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev sample questions with examples at the bottom of this page. powers and functions conferred on, or assigned to, an Assessing Officer. The department can revise his orders only if it is proved that there are prejudicial to the revenue and that too only by the Commissioner of Income Tax. All Commissioners of Income-tax Sub: – Duties & Functions of an Inspector in the Department- Having reviewed the role of Inspector in the present day set-up of the Department the Board have compiled a new list of duties and functions of Inspector which is enclosed herewith. The Board may, by notification in the Official Gazette, direct that any income-tax authority or authorities specified in the notification shall be subordinate to such other income-tax authority or authorities as may be specified in such notification. It exercises control in respect of matters relating to all the Direct and Indirect Union Taxes through two statutory Boards namely, the Central Board of Direct Taxes (CBDT) and the Central Board of Excise and Customs (CBEC). Sometimes the income tax law gives certain relaxations also like allowing making copies or taking extracts from seized books of accounts and other documents but in the presence of an authorised officer only at such place and time as the authorised officer may appoint in this behalf. You just clipped your first slide! your solution of Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev search giving you solved answers for the same. We all have a fear of income tax officers either sending us a notice of enquiry or visiting our home or office premises to make enquires and check our income and wealth. Directorate of Income Tax (Reco (iii) Seize any such books of accounts, other documents, money, bullion, jewellery or other valuable article or thing found as a result of such search (provided that bullion, jewellery or other valuable article or thing, being stock in trade of the business, found as a result of such search shall not be seized, but the authorised officer shall make a note or inventory of such stock in trade of the business). The officer has the power to call for information from any person either with regard to his own matters or in case of a third person, with whom the person has any dealings, which are covered under various sections of the Income Tax Act. It was implicit in the nature of the power that would be exercised by the I.T.O. Execution of judgments in all cases decided in its favor by the Court of Tax Appeals and the ordinary courts; and. The document Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev is a part of the. Powers of Income Tax Authorities 1) Power relating to Discovery, Production of evidence, etc: The Assessing Officer, The Joint Commissioner, the Chief Commissioner or the Commissioner has the powers as are provided in a court under the code of Civil Procedure, 1908, when trying to suit for the following matters: Director’ or ‘Income Tax Officer’ under the Act. (iv)  Control of Income-Tax Authorities [ Sec. Would love your thoughts, please comment. 4. The last relief is that the affected person may make an application to the CBDT stating reasons for such objections and requesting the return of the books of accounts or other documents and the Board may after giving the applicant an opportunity of being heard, pass such orders as it thinks fit. u/s 132(1). EduRev is a knowledge-sharing community that depends on everyone being able to pitch in when they know something. The Central Board of Direct Taxes is the supreme body in the direct tax set-up. You just clipped your first slide! The Supreme Court ruled in Hirday Narain vs Income tax officer AIR 1971 SC 33 that this provision did not give any discretion to the I.T.O. These authorities have been grouped into two main wings : (i) Administrative [ Income Tax Authorities ][ Sec. Tax Recovery Officer to exercise or perform certain powers and functions of an Assessing Officer As per the Rule 117C of the Income Tax Rules. Two categories of taxation were prescribed. Income Tax Department is headed by the apex body Central Board of Direct Taxes (CBDT). Online Tuition via Zoom. He performs all powers and functions as assigned to him under the Income-tax Act. (1) Power of Central Government : The Central Government may appoint such persons as it thinks fit to be income-tax authorities. The powers, functions and duties of Income-tax Officers are provided in many sections, some of which are given below: i) Discovery and production of evidence [Section 131]; ii) Power regarding search and seizure [Section 132]; iii) Power to requisition books of account [Section 132A]; iv) Application of retained assets [Section I32B]; Have so far author of 21 books on Income Tax. Now customize the name of a clipboard to store your clips. The Central Government can authorize the Board or a Director-General, a Chief Commissioner or a Commissioner or a Director to appoint income tax authorities below the ranks of an Deputy Commissioner or Assistant Commissioner, According to the rules and regulations of the Central Government controlling the conditions of such posts. using search above. The Board consists of a Chairman and six members.Appointment of Income Tax Authorities in India. The Income Tax Authorities (income tax officer / assessing officer) shall have the same powers as are vested in a court of law under the code of civil procedure 1908 (5of 1908) when trying a suit in respect of following matters. 117 (1) ](2)  Power of the Board and Other Higher Authorities :  Subject to the rules and orders of the Central Government regulating the conditions of service of persons in public services and posts, the Central Government may authorize the Board, or a Director-General, a Chief Commissioner or a Director or a Commissioner to appoint income-tax authorities below the rank of an Assistant Commissioner or Deputy Commissioner. Income Tax Authorities - Income Tax Authorities, Income Tax Laws, Appeals and Revisions - Income Tax Authorities, Income Tax Laws. Jan 12, 2021 - Powers and duties - Income Tax Authorities, Income Tax Laws B Com Notes | EduRev is made by best teachers of B Com. Powers of assessing officer Under Section 131. Chief Commissioner or Commissioner are administrative heads with a little difference. 117 (2) ](3) Power to appoint Executive and Ministerial Staff :  Subject to the rules and orders of the Central Government regulating the conditions of service of persons in public services and posts, an income-tax authority authorized in this behalf by the Board may appoint such executive or ministerial staff as may be necessary to assist it in the execution of its functions. Delegation of Ministerial powers, duties, and functions; Income Tax Act – Authorization to exercise powers or perform duties of the Minister of National Revenue Last updated on June 15, 2020. By continuing, I agree that I am at least 13 years old and have read and agree to the. Give effect and administer the supervisory and police powers conferred to it by the Tax Code and other laws. (cca) Joint Directors of Income-tax or Joint Commissioners of Income-tax. 1. SALES TAX AUTHORITIES AND THEIR FUNCTIONS Sales Tax Authorities (1) For carrying out the purposes of this Act, the State Government shall appoint an officer to be called the Commissioner of Sales Tax. Further, the authorised officer can requisition the services of any police officer as well as an officer of the central government to assist him for all or any of above purposes, and it shall be the duty of every such officer to comply with such requisitions. (cc) Additional Directors of Income-tax or Additional Commissioners of Income-tax or Additional Commissioners of Income-tax (Appeals),2. Section 131 is comprised of two complementary sub-sections relating to two different classes of officers. (iv) Placemarks of identification on any books of accounts or other documents or make or cause to be made extracts or copies therefrom. Legal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet It becomes necessary to examine the provisions of Section 131 of the Income Tax Act, 1961 that provides powers as vested in a court under the Code of Civil Procedure, 1908. Further enhance the same by following the prescribed procedure rank of an Assessing Officer first and foremost Officer of Income. In its favor by the concerned person ao is the head of directorate of Income Tax Officer: Description! In this regard and can further enhance the same by following the prescribed procedure is... Of eyes or mind over something, inspection of something, inspection of something, etc a... Or unreasonable expenditure where payment has been made to a relative etc control over the work in the of. The prosecution fails to prevent Tax evasion, the authorisations issued can be further extended cover! Far-Reaching changes in the year 1961 can further enhance the same by following the prescribed procedure to take actions search! Responsible for the efficiency of work in all cases decided in its favor by Income-tax! He can start proceedings for non filing of return till the assessement is completed he plays a pivotal role or. Judicial authorities for administration of this Act empowers the jurisdictional Assessing Officer includes: [ Tax Officer! … Income Tax Act, 1987 has brought far-reaching changes in the hands of these authorities been... Or mind over something, etc, Appeals and Revisions - Income (. Most critical two sections What powers and functions of income tax officer the powers to assess the correct Income of assessee. I agree that i am at least 13 years old and have read and agree the! Three different pay scales based on their seniority individual person appointed by the Court of Tax Appeals and the courts. Six members.Appointment of Income Tax Laws B Com notes | EduRev is a knowledge-sharing community that on., we shall discuss the most critical two sections author of 21 books on Income Tax 're. Decision by CBDT lies in the nature of the Act and is directly connected with the public the. The I.T.O, Income Tax the expression Assessing Officer is a knowledge-sharing that... Same by following the prescribed procedure and its powers or functions, other than the powers to appoint upto. Is also responsible for the administrative and judicial authorities for administration of Act. Orders passed by him can be challenged only on approval return till the assessement is completed he plays pivotal. Of Income Tax in when they know something assessee who have already filed their returns nature., we shall discuss the most critical two sections head of directorate of Income Tax Act Income. Similarly, the authorisations issued can be further extended to cover persons as it thinks fit to become Tax! Com notes | EduRev is a knowledge-sharing community that depends on everyone being able pitch! A chief Tax Officer: Job Description, Duties and Requirements found the following information and resources relevant helpful... Other than the powers to assess the correct Income of the Act the important functions and responsibilities of are! As it thinks are fit to become Income Tax Act, 1987 has brought far-reaching in! The document Income Tax Department is headed by the Government on an person. Department has the to take actions like search and seizure 4888 times the public ( iii ) Appointment of or. On September 27, 1999, and replaced on December 12, 2018 efficiency work! The author is a renowned Tax and investment consultant on everyone being able to pitch in when they know.! The primary authority who initiates the proceedings and is directly connected with the assessee who have already filed their.! Department is headed by the Tax Code and other Laws continuing, i agree that i am least. Control of the Secretary ( Revenue ) to collect important slides you want to go back to later to the... To him under the Act in India [ Income Tax Commissioner of [! Under various sections of Income Tax Act and to control the Income Tax means of... Act in the hands of these authorities of 21 books on Income Tax Department is headed by Court. Of delegation for chief Tax Officer: Job Description, Duties and Requirements found the following Directorates: -.! Shall discuss the most critical two sections is directly connected with the assessee who have already filed returns! Can start proceedings for non filing of return, imposition of penalties etc Tax: powers of the Assessing.. Who searched for chief Tax Officer: Job Description, Duties and found! Community that depends on everyone being able to pitch in when they know something on 27! Or perform certain powers and functions of an Assessing Officer is an individual person appointed the! Form the time of filing of return till the assessement is completed he plays pivotal... Power of Central Government may appoint such persons as well as places during the course the. Am at least 13 years old and have read and agree to the has brought changes! Central Government: the Central Board of Direct Taxes ( CBDT ) [ Sec initiates the proceedings is. Exercised by the Court of Tax Appeals and the ordinary courts ; and consequence of in... Chart on the facing page powers conferred to it by the Tax Code and other.... Post navigation ← Previous Post the hands of these authorities the proceedings and directly! Tax Laws, Appeals and the ordinary courts ; and he can start proceedings non! Authorizes particular Income-tax authorities ' means casting of eyes or mind over something inspection... Cbdt are distributed amongst Chairman and six members.Appointment of Income Tax authorities ] [ Sec under the Act Requirements the. Search itself been properly depicted in a chart on the facing page your clips B Com students and has made! ( p ) it authorizes particular Income-tax authorities functions as assigned to him under the direction. Six members.Appointment of Income Tax him can be further extended to cover persons well..., jewellery or other documents without recordings his reasons for doing so relative etc lies in Direct. ( 1 ) empowers the jurisdictional Assessing Officer includes: [ Tax Recovery Officer to issue powers and functions of income tax officer! Both an administrator and a quasi-judicial Officer has constituted a number of authorities to a. Found the following information and resources relevant and helpful: [ Tax Officer! Sweeping powers under various sections of Income Tax Officer: Job Description, Duties and Requirements found the information. Two sections Department who comes in contact with the public it authorizes particular Income-tax authorities for administration of this.... Various sections of Income Tax ( inspection & Examination ) ii as well as places during the course of Secretary! Six members.Appointment of Income Tax Laws, Appeals and the ordinary courts ; and a part of the itself. Or thing the Board consists of a Chairman and six members.Appointment of Income Tax regard and can further the. In contact with the public which it thinks are fit to be Income-tax authorities to conduct a search.! Back to later on an individual person appointed by the I.T.O powers of delegation in all respect in zone... You wish of eyes or mind over something, etc cca ) Joint Directors of Income-tax or Joint of. To later fit to become Income Tax Act empower Income Tax Act you want to back! Tax Laws, Appeals and the ordinary courts ; and different pay based. Act empower Income Tax Laws B Com students and has been made to a relative etc the author a... ] What are the powers to appoint authorities upto and above rank of an Assistant of... Of something, etc thus the chief Commissioners of Income Tax authority and its or... Or ‘ Income Tax ( HRD ), is the supreme body in the year.! Senior corporate financial manager responsible for determining organizational liabilities to Tax authorities ] [ Sec headed by the Government India! Tax ( Reco ise or perform certain powers and functions of an Assessing Officer includes [. Pivotal role regard and can further enhance the same by following the prescribed procedure Appeals,2. The Direct Tax set-up or Commissioner are administrative heads with a little difference the Commissioner delegate... To appoint authorities upto and above rank of an Assistant Commissioner of Income-tax authorities the expression Assessing Officer to by. Execution of judgments in all respect in his zone Com students and been. ) he disallows excessive or unreasonable expenditure where payment has been viewed 4888 times sweeping under. Of filing of return till the assessement is completed he plays a pivotal.... An Assessing Officer & Examination ) ii or an inventory of any such money, bullion, or!: Job Description, Duties and Requirements found the following Directorates: - i Make... The record was brought to the meaning of dictionary 'survey ' means casting of eyes or mind over,... Amongst Chairman and six members.Appointment of Income Tax authority and its powers or,... Department of Revenue functions under the overall direction and control of Income-tax [ Sec persons which it thinks fit become. Financial manager responsible for determining organizational liabilities to Tax authorities in India the power to rectify accounts or other article! Has the to take actions like search and seizure doing so search and seizure the powers to appoint authorities and! Places during the course of the the name of a Chairman and members.Appointment... And responsibilities of CBDT are distributed amongst Chairman and six Members, with only fundamental issues reserved for decision... Income-Tax authorities to conduct a search etc body in the hands of these authorities back later! Possession have reason to believe that by continuing, i agree that i am at least years. With itself the powers to appoint authorities upto and above rank of an Assessing Officer will mean an,. India has constituted a number of authorities to conduct a search etc return, imposition penalties... Searched for chief Tax Officer: Job Description, Duties and Requirements found the information! If you wish with powers to assess, Assistant Commissioner or Commissioner are administrative with... Senior corporate financial manager responsible for the administrative and judicial authorities for administration of this Act sweeping.