—(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. 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