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CHAPTER III
WEALTH TAX AUTHORITIES
8.
Wealth-tax authorities.-- (1) There shall be the following classes of wealth-tax
authorities for the purposes of this Act, namely,-
(a) Central Board of Revenue;
(aa) Regional Commissioner of Wealth-tax;
(b) Director-General of Investigation and Intelligence;
(bb)
Director-General of Inspection; and
(bbb) Director-General of Training and Research;
(c) Commissioners of Wealth-tax;
(d) Additional
Commissioners of Wealth-tax who may be either Appellate Additional
Commissioners of Wealth-tax or Inspecting Additional
Commissioners of Wealth-tax;
(e) Deputy Commissioners of Wealth Tax; and
(f) Wealth-tax Inspectors.
(2) Commissioners of Wealth Tax, Inspecting Additional
Commissioners of Wealth-tax, Deputy Commissioners of Wealth
Tax and Wealth-tax Inspectors shall be subordinate to the Regional Commissioners of
Wealth-tax within whose jurisdiction they perform their functions.
(3) Inspecting Additional Commissioners, Deputy Commissioners and Wealth-tax Inspectors shall be
subordinate to the Commissioners within whose jurisdiction they perform their functions.
(4) Deputy Commissioners and Wealth Tax Inspectors shall
be subordinate to the Inspecting Additional Commissioners
within whose jurisdiction they perform their functions.
(5) Wealth-tax Inspectors shall be subordinate to the Deputy
Commissioners within whose jurisdiction they perform their functions.
9. Appointment of Wealth-tax authorities, etc.-- (1) The Central
Board of Revenue may appoint as many Regional Commissioners of Wealth-tax Director-General of Investigation and Intelligence and
Director-General of Training and Research, Commissioners of Wealth-tax, Appellate and
Inspecting Additional Commissioners of Wealth-tax, Deputy Commissioners and other executive or ministerial
officers and staff as may be necessary.
(2) Subject to such orders or directions as may be issued by the Central Board of Revenue
from time to time, any other Wealth-tax authority may appoint any Wealth-tax authority
subordinate to it and such other executive or ministerial officers and staff, as may be
necessary.
(3) The Central Board of Revenue may appoint a sufficient number of qualified persons to
act as valuer for the purposes of this Act and shall fix a scale of charges for the
remuneration of such persons.
(4) All appointments under this Act shall be subject to the rules and orders of the
Federal Government regulating the terms and conditions of service of persons in public
services and posts.
(5)
10. Jurisdiction of Wealth-tax authorities.-- (1) Subject to the
provisions of this Act.*
[*should have been a comma.]
(a) the Regional Commissioners and the Director-General
of Investigation and Intelligence and Director-General of Training and Research shall
perform such functions as may be assigned to them by the Central Board of Revenue:**
[**should have been a semi-colon.]
***(b) the Commissioners and the Appellate Additional
Commissioners shall perform their functions in respect of such persons or classes of
persons or such areas as the Central Board of Revenue may direct; and the Central Board of
Revenue may by general or special order in writing, direct that the powers conferred on
the Appellate Additional Commissioners by or under this
Act shall, in respect of appeals relating to specified cases or classes of cases or
specified persons, or classes of persons, be exercised by the Commissioners and, for the
purposes of any proceedings in respect of such cases or persons, references in this Act or
in any rules made thereunder to "Appellate Additional
Commissioners" shall be deemed to be references to "Commissioners" [:] [***the apparently intended letter
and brackets "(b)" are missing in the Gazette.]
Provided that the Central Board of
Revenue may, by general or special order in writing, direct that the Jurisdiction of the
Commissioners exercising the powers of an Appellate Additional
Commissioners shall be determined by the Regional Commissioner:
Provided further that the Regional Commissioner may transfer jurisdiction in respect of
cases or persons from one Commissioner subordinate to him to another;
(c) the Inspecting Additional Commissioners and the Deputy Commissioner shall perform their
functions in respect of such persons or classes of persons or such areas as the
Commissioners, to whom they are subordinate, may direct; and the Commissioner may, with
the prior approval of the Central Board of Revenue, by general or special order in writing
direct that the powers conferred on the Deputy Commissioner
and the Inspecting Additional Commissioners by or under
this Act shall, in respect of all or any proceedings relating to specified cases or
specified persons or classes of persons, be exercised by the Inspecting Additional Commissioners and the Commissioner, respectively,
and, for the purposes of any proceedings in respect of such cases or persons, references
in this Act or in any rules made thereunder to "Deputy
Commissioner" and "Inspecting Additional
Commissioners", shall be deemed to be references to "Inspecting Additional Commissioners" and "Commissioner",
respectively; and
(d) the Wealth-tax Inspectors shall perform such functions as may be assigned to them by
the wealth-tax authority under whom they are appointed to work.
Explanation.-- The power to confer jurisdiction under this sub-section shall
include the power to transfer jurisdiction from one wealth tax authority to another.
(2) Where any directions issued under sub-section (1) have assigned to two * more
wealth-tax authorities the same functions or functions in respect of the same persons or
classes of persons or the same area, they shall perform their functions in accordance with
such orders as the Central Board of Revenue, or any other authority to whom they are
sub-ordinate, may make for the allocation of functions and the distribution of the work to
be performed. [*apparently intended word "or" is missing in the Gazette]
(3) Within the area assigned to him, the Deputy Commissioner
shall have jurisdiction:-
(a) in respect of any person carrying on business or profession, if the place of business
or profession is situated within such area, or where the business or profession is carried
on in more places than one, if the principal place of the business or profession is
situated within such area; and
(b) in respect of any other person, if he resides within the area.
(4) Where a question arises as to whether a Wealth Tax Officer has jurisdiction to assess
any person, the question shall be determined by the Commissioner, or where the question is
one relating to the jurisdiction of different Commissioners, by the Regional Commissioner
or Regional Commissioners concerned and, if they are not in agreement, by the Central
Board of Revenue.
(5) No person shall be entitled to call in question the jurisdiction of a Wealth-tax
Officer after he has made the return of total income * or, where he has not made such
return, after the time allowed by any notice served on him for making such return has
expired. [*should have been "net income" instead of "total income"]
(6) Notwithstanding anything contained in this section, every Wealth Tax Officer shall
have all the powers conferred by, or under, this Act on a Wealth-tax Officer in respect of
any assets owned or deemed, under any provision of this Act, to belong to an assessee
within his jurisdiction.
11. Exercise of jurisdiction by a successor.-- Whenever, in respect
of any proceedings under this Act, a wealth-tax authority is succeeded by another, the
wealth-tax authority so succeeding may continue any proceedings from the stage at which it
was left by his predecessor.
12. Guidance to Wealth-tax Officer.-- In the course of any
proceedings under this Act, the Wealth-tax Officer may be assisted, guided or instructed *
any other wealth-tax authority to whom he is subordinate or any other person authorised in
this behalf by the Central Board of Revenue. [*the apparently intended word
"by" is missing in the Gazette.]
13. All officers to follow the orders of the Central Board of
Revenue.-- All officers and persons, employed in the execution of this Act, shall
observe and follow the orders instructions and directions of the Central Board of
Revenue;**
[**should have been a colon.]
Provided that no such orders, instructions or directions shall be given so as to
interfere with the discretion of the Appellate Assistant Commissioner or of the
Commissioner on whom powers of the former are conferred under clause (b) of sub-section
(1) of section 10, in the exercise of their appellate functions or any valuer in the
exercise of his functions under this Act.
CHAPTER IIIA
PAYMENT OF TAX
BEFORE ASSESSMENT
13A. Collection of tax at source in case of
motor vehicles and rented property.-
(1) any person responsible for the collection of motor
vehicle tax […] shall, at the time of collecting the said tax, collect wealth tax in
respect of motor vehicles[…] at the rates specified in the First Schedule:
Provided that where the motor vehicle tax […] is collected in installments,
wealth tax may be collected in the like manner.
(2) Any sum collected, or purported to be collected, under this section shall be-
(a) treated as payment of a tax on behalf of the assessee; and
(b) paid to the credit of the Federal Government within such period and in the manner as
may be prescribed.
(3) For the purpose of this section,-
(a) "person responsible" means the prescribed person and includes the principal
officer of the Department, agency or Authority entrusted with the function of collection
of […]
tax; and
(b) any sum collected under this section shall be deemed to be in respect of net wealth
chargeable to tax under this Act.
13B. Certificate of collection of tax.-- Every person collecting
tax under section 13A shall, at the time of the collection of the tax, furnish to the
person from whom such collection is made, a certificate of such collection and specify
such other particulars as may be prescribed.
13C. Liability of person failing to collect or pay tax.-- Where
a person responsible to collect tax fails, or having collected, fails to pay the tax as
required under section 13A, he shall, without prejudice to any other liability which he
may incur under this Act, be deemed to be an assessee in default in respect of such tax.
13D. Advance payment of tax.-- (1) Where the net wealth of any
assessee for the latest assessment year, in respect of which tax payable by him has been
determined under sections 15A, 16, or 17, is not less than one million and five hundred
thousand rupees, he shall pay, by way of advance tax, on or before the fifteenth day of
November and the fifteenth day of May, in each financial year, an amount equal to one-half
of the full amount of wealth tax so determined to be payable in respect of that assessment
year (as reduced by tax already paid by way of advance tax or otherwise), […] in the
said financial year.
(2) A
person liable to pay tax under section 14C shall pay, by way of advance tax, on or before
the fifteenth day of November and fifteenth day of May, in each financial year, an amount
equal to one half of the full amount of wealth tax payable under the said section 14C […] in
the said financial year."; and
(3) Any
sum paid under sub-section (1) […] shall be treated
as an advance payment of tax in respect of the assessment year commencing on the first day
of July next following the financial year in which it is paid and it shall be adjusted in
computing tax payable by the assessee for the said assessment year.
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