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Union of India - Section

Section 15 in The Wealth-Tax Act, 1957

15. [ Return after due date and amendment of return

.-If any person has not furnished a return within the time allowed under sub-section (1) of section 14 or under a notice issued under clause (i) of sub-section (4) of section 16, or having furnished a return discovers any omission or wrong statement therein, he may furnish a return or a revised return, as the case may be, at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier:Provided that¬-(a)where such return or revised return relates to the assessment year commencing on the 1st day of April, 1987, or any earlier assessment year, it may be furnished at any time upto and inclusive of the 31st day of March, 1990, or before the completion of the assessement, whichever is earlier;(b)where such return or revised return relates to the assessment year commencing on the 1st day of April, 1988, it may be furnished at any time upto and inclusive of the 31st day of March, 1991, or before the completion of the assessment, whichever is earlier.][15-A. Return by whom to be signed.-The return made under section 14 or section 15 shall be signed and verified-¬](a)[ in the case of an individual,-(i)by the individual himself;(ii)where he is absent from India, by the individual himself or by some person duly authorised by him in this behalf;(iii)where he is mentally incapacitated from attending to his affairs, by his guardian or any other person competent to act on his behalf; and(iv)where, for any other reason, it is not possible for the individual to sign the return, by any person duly authorised by him in this behalf:Provided that in a case referred to in sub-clause (ii) or sub-clause (iv), the person signing the return holds a valid power of attorney from the individual to do so, which shall be attached to the return;] [ Substituted by Act 4 of 1988, Section 135, for Clause (a) (w.e.f. 1.4.1989).](b)in the case of a Hindu undivided family, by the karta , and, where the karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family; and(c)[ in the case of a company, by the managing director thereof, or where for any unavoidable reason such managing director is not able to sign and verify the return or where there is no managing director, by any director thereof:] [ Substituted by Act 41 of 1975, Section 88, for Clause (c) (w.e.f. 1.4.1976).][Provided that where the company is not resident in India, the return may be signed and verified by a person who holds a valid power of attorney from such company to do so, which shall be attached to the return:Provided further that,¬-(a)where the company is being wound up, whether under the orders of the court or otherwise, or where any person has been appointed as the receiver of any assets of the company, the return shall be signed and verified by the liquidator referred to in sub-section (1) of section 178 of the Income-tax Act;(b)where the management of the company has been taken over by the Central Government or any State Government under any law, the return of the company shall be signed and verified by the principal officer thereof.] [ Inserted by Act 4 of 1988, Section 135 (w.e.f. 1.4.1989).][15-B. Self-assessment.-(1) Where any tax is payable on the basis of any return furnished under section 14 or section 15 or in response to a notice under clause (i) of sub-section (4) of section 16 or under section 17, after taking into account the amount of tax, if any, already paid under any provision of this Act, the assessee shall be liable to pay such tax, together with interest payable under any provision of this Act for any delay in furnishing the return, before furnishing the return and the return shall be accompanied by proof of payment of such tax and interest.Explanation.-Where the amount paid by the assessee under this sub-section falls short of the aggregate of the tax and interest as aforesaid, the amount so paid shall first be adjusted towards the interest payable as aforesaid and the balance, if any, shall be adjusted towards the tax payable.
(2)After the regular assessment under section 16 has been made, any amount paid under sub-section (1) shall be deemed to have been paid towards such regular assessment.
(3)If any assessee fails to pay the whole or any part of such tax or interest or both in accordance with the provisions of sub-section (1), he shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of the tax or interest or both remaining unpaid and all the provisions of this Act shall apply accordingly.]
(4)[ The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year and references in this section to the other provisions of this Act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year.] [ Inserted by Act 36 of 1989, Section 27 (w.e.f. 1.4.1989).][* * *] [ Section 15-C omitted by Act 4 of 1988, Section 137 (w.e.f. 1.4.1989).]