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Union of India - Act

The Gift-Tax Act, 1958

UNION OF INDIA
India

The Gift-Tax Act, 1958

Act 18 of 1958

Published in Gazette 18 on 15 May 1958
Assented to on 15 May 1958
Commenced on 15 May 1958
[This is the version of this document from 15 May 1958.]
[Note: The original publication document is not available and this content could not be verified.]

[Preface]The Gift-Tax Act, 1958[Act No. 18 of 1958][15th May, 1958]

An Act to provide for the levy of gift-taxBE it enacted by Parliament in the Ninth Year of the Republic of India as follows:--

1. Short title, extent and commencement

(1)This Act may be called the Gift-tax Act, 1958.

(2)It extends to the whole of India except the State of Jammu and Kashmir,

(3)It shall be deemed to have come into force on the 1st day of April, 1958.

2. Definitions

In this Act, unless the context otherwise requires,--

(ii)"Appellate Tribunal" means the Appellate Tribunal constituted under section 252 of the Income-tax Act;

(iii)"assessee" means a person by whom gift-tax or any other sum of money is payable under this Act, and includes--

(a)every person in respect of whom any proceeding under this Act has been taken for the determination of gift-tax payable by him or by any other person or the amount of refund due to him or such other person;

(b)every person who is deemed to be an assessee under this Act;

(c)every person who is deemed to be an assessee in default under this Act;

(iiia)Assessing Officer" means the Assistant Commissions who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of the Income-tax Act which apply for the purposes of gift-tax under section 7 of this Act, and also the Deputy Commissioner who is directed under clause (b) of sub-section (4) of the said section 120 to exercise or perform all or any of the powers and functions conferred on or assigned to the Assessing Officer under that Act;

(iv)"assessment" includes re-assessment;

(iva)"assessment year" means the period of twelve months commencing on the 1st day of April, every year;

(v)"Board" means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963));

(va)"charitable purpose" includes relief of the poor, education, medical relief, and the advancement of any other object of genera! public utility ;

(vii)the expressions "company", "Indian company" and "company in which the public are substantially interested" shall have the meanings respectively assigned to them under section 2 of the Income-tax Act;

(viii)"done" means any person who acquires any property under a gift, and, where a gift is made to a trustee for the benefit of another person, includes both the trustee and the beneficiary;

(ix)"donor" means any person who makes a gift;

(x)"executor" means an executor or administrator of the estate of a deceased person;

(xi)the expressions "firm", "partner" and "partnership" shall have the meanings respectively assigned to them under section 2 of the Income-tax Act;

(xii)"gift" means the transfer by one person to another of any existing movable or immovable property made voluntarily and without consideration in money or money's worth, and includes the transfer or conversion of any property referred to in section 4, deemed to be a gift under that section;

Explanation.--A transfer of any building or part thereof referred to in clause (iii), clause (iiia) or clause (iiib) of section 27 of the Income-tax Act, by the person who is deemed under the said clause to be the owner thereof made voluntarily and without consideration in money or money's worth, shall be deemed to be a gift made by such person;

(xiv)"Income-tax Act" means the Income-tax Act, 1961 (43 of 1961);

(xvib)"Legal representative" has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908);

(xviii)"person" includes a Hindu undivided family or a company or an association or a body of individuals or persons, whether incorporated or not;

(xix)"prescribed" means prescribed by rules made under this Act;

(xx)"previous year", in relation to any assessment year--

(a)in the case of an assessee having no source of income, profits or gains or having a source of income, profits or gains in respect of which there is no previous year under the Income-tax Act, means the twelve months ending on the 31st day of March immediately preceding the assessment year;

(c)in the case of any other assessee, means the previous year as defined in section 3 of the Income-tax Act if an assessment were to be made under that Act for that year:

Provided that where a person who has not been assessed under this Act for any assessment year makes a gift on a date which does not fall within a previous year as defined in sub-clause (a) or sub-clause (c), the previous year shall be the twelve months ending on the 31st day of March immediately preceding the assessment;

(xxi)"principal officer", used with reference to a company or any association of persons, means--

(a)the secretary and treasurer, manager, managing agent, managing director or agent of the company or association; or

(b)any person connected with the management of the affairs of the company or association upon whom the Assessing Officer has served a notice of his intention of treating him as the principal officer thereof;

(xxii)"property" includes any interest in property, movable or immovable;

(xxiii)"taxable gifts" means gifts chargeable to gift-tax under this Act;

(xxiiia)territories to which this Act extends shall be deemed to include the Union territories of Dadra and Nagar Haveli, Goa, Daman and Diu, and Pondicherry--

(a)as respects any period for the purposes of section 5; and

(b)as respects any period included in the previous year for the purposes of making any assessment for the assessment year commencing on the 1st day of April, 1963, or for any subsequent year;

(xxiv)"transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes--

(a)the creation of a trust in property;

(b)the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;

(c)the exercise of a power of appointment (whether general, special or subject to any restrictions as to the persons in whose favour the appointment may be made) of property vested in any person; not the owner of the property, to determine its disposition in favour of any person other than the done of the power; and

(d)any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person;

(xxv)the expressions "Chief Commissioner", "Director-General", "Commissioner", "Commissioner (Appeals)", "Director", "Additional Director of Income-tax", "Additional Commissioner of Income-tax", "Additional Commissioner of Income-tax (Appeals)", "Deputy Director", "Deputy Commissioner", "Deputy Commissioner (Appeals)", "Assistant Commissioner", "Income-tax Officer", "Tax Recovery Officer" and "Inspector of Income-tax" shall have the meanings respectively assigned to them under section 2 of the Income-tax Act.

3. Charge of gift-tax

(1)Subject to the other provisions contained in this Act, there shall be charged for every assessment year commencing on and from the 1st day of April, 1958, but before the 1st day of April, 1987, a tax (hereinafter referred to as gift-tax) in respect of the gifts, if any, made by a person during the previous year (other than gifts made before the 1st day of April, 1957) at the rate or rates specified in Schedule I.

(2)Subject to the other provisions (including provisions for the levy of additional gift-tax) contained in this Act, there shall be charged for every assessment year commencing on and from the 1st day of April, 1987, gift-tax in respect of the gifts, if any, made by a person during the previous year, at the rate of thirty per cent, on the value of all taxable gifts.

(3)Notwithstanding anything contained in sub-section (2), the provisions of this Act shall cease to apply and shall have no effect whatsoever in respect of any gift made on or after the 1st day of October, 1998.

4. Gifts to include certain transfers

(1)For the purpose of this Act,-

(a)where property is transferred otherwise than for adequate consideration, the amount by which the value of the property as on the date of the transfer and determined in the manner laid down in Schedule II exceeds the value of the consideration shall be deemed to be a gift made by the transferor:

Provided that nothing contained in this clause shall apply in any case where the property is transferred to the Government or where the value of the consideration for the transfer is determined or approved by the Central Government or the Reserve Bank of India;

(b)where property is transferred for a consideration which, having regard to the circumstances of the case, has not passed or is not intended to pass either in full or in part from the transferee to the transferor, the amount of the consideration which has not passed or is not intended to pass shall be deemed to be a gift made by the transferor;

(c)where there is a release, discharge, surrender, forfeiture or abandonment of any debt, contractor other actionable claim or of any interest in property by any person, the value of the release, discharge, surrender, forfeiture or abandonment, to the extent to which it has not been found to the satisfaction of the Assessing Officer to have been bona fide, shall be deemed to be a gift made by the person responsible for the release, discharge, surrender, forfeiture or abandonment;

(d)where a person absolutely entitled to property causes or has caused the same to be vested in whatever manner in himself and any other person jointly without adequate consideration and such other person makes an appropriation from or out of the said property, the amount of the appropriation used for the benefit of the person making the appropriation or for the benefit of any other person shall be deemed to be a gift made in his favour by the person who causes or has caused the property to be so vested;

(e)where a person who has an interest in property as a tenant for a term or for life or a remainder man surrenders or relinquishes his interest in the property or otherwise allows his interest to be terminated without consideration or for a consideration which is not adequate, the value of the interest so surrendered, relinquished or allowed to be terminated or, as the case may be, the amount by which such value exceeds the consideration received, shall be deemed to be a gift made by such person.

(2)Where, in the case of an individual being a member of a Hindu undivided family, any property having been the separate property of the individual has been converted by the individual into property belonging to the family through the act of impressing such separate property with the character of property belonging to the family or throwing it into the common stock of the family (such property being hereafter in this sub-section referred to as the converted property), then, notwithstanding anything contained in any other provision of this Act or any other law for the time being in force, for purpose of computation of the taxable gifts made by the individual, the individual shall be deemed to have made a gift of so much of the converted property as the members of the Hindu undivided family other than such individual would be entitled to, if a partition of the converted property had taken place immediately after such conversion.

5. Exemption in respect of certain gifts

(1)Gift-tax shall not be charged under this Act in respect of gifts made by any person-

(i)of immovable property situate outside the territories to which this Act extends;

(ii)of movable property situate outside the said territories unless the person-

(a)being an individual, is a citizen of India and is ordinarily resident in the said territories; or

(b)not being an individual, is resident in the said territories, during the previous year in which the gift is made;

(iia)being an individual who is not resident in India, to any person resident in India, of foreign currency or other foreign exchange as defined, respectively, in clause (c) and clause (d) of section 2 of the Foreign Exchange Regulation Act, 1947 (7 of 1947) remitted from a country outside India in accordance with the provisions of the said Act, and any rules made thereunder, during the period commencing on the 26th day of October, 1965, and ending on the 28th day of February, 1966 or such later date as the Central Government may, by notification in Official Gazette, specify in this behalf.

Explanation.-For the purposes of this clause, the expression "resident in India" shall have the meaning assigned to it in the Income-tax Act;

(iib)being a person resident outside India, out of the moneys standing to his credit in a Non-resident (External) Account in any bank in India in accordance with the provisions of the Foreign Exchange Regulation Act, 1973 (46 of 1973), and any rules made thereunder.

Explanation-For the purposes of this clause, "person resident outside India" has the meaning as singed to it in clause (q) of section 2 of the Foreign Exchange Regulation Act, 1973 (46 of 1973);

(iic)being a citizen of India, or a person of Indian origin, who is not resident in India, to any relative of such person in India, of convertible foreign exchange remitted from a country outside India in accordance with the provisions of the Foreign Exchange Regulation Act, 1973 (46 of 1973), and any rules made thereunder.

Explanation.-For the purposes of this clause and clause (iid),-

(a)a person shall be deemed to be of Indian origin if he or either of his parents or any of his grand-parents was born in undivided India;

(b)"convertible foreign exchange" means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Regulation Act, 1973 (46 of 1973), and any rules made thereunder;

(c)"relative" has the meaning assigned to it in clause (41) of section 2 of the Income-tax Act;

(d)"resident in India" shall have the meaning assigned to it in the Income-tax Act;

(iid)being a citizen of India or a person of Indian origin, who is not resident in India, to any relative of such person in India of property in the form of any foreign exchange asset as defined in clause (b) of section 15C of the Income-tax Act;

(iie)being an individual who is a non-resident Indian, once out of the moneys standing to his credit in an account opened and operated in accordance with the Non-resident (Non-reparable) Rupee Deposit Scheme, 1992.

Explanation.-For the purposes of this clause, "non-resident Indian" shall have the meaning assigned to it in clause (e) of sect ion 115C of the Income-tax Act;

(iii)of property in the form of savings certificates issued by the Central Government, which that Government, by notification in the Official Gazette, exempts from gift-tax;

(iiib)of property in the form of Special Bearer Bonds, 1991;

(iiic)being an individual or a Hindu undivided family, of property in the form of such Capital Investment Bonds as the Central Government may, by notification in the Official Gazette, specify in this behalf subject to a maximum of rupees ten lakhs in value in the aggregate in one or more previous years:

Provided that the exemption conferred by this clause shall be available only to a person who has initially subscribed to the said Bonds;

(iiid)being an individual or a Hindu undivided family, of property in the form of such Relief Bonds, as the Central Government may, by notification in the Official Gazette, specify in this behalf subject to a maximum of rupees five lakhs in value in the aggregate in one or more previous years:

Provided that the exemption conferred by this clause shall be available only to a person who has initially subscribed to the said Bonds;

(iiie)being an individual who is a non-resident Indian, of property in the form of the bonds specified under sub-clause (iid) of clause (15) of section 10 of the Income-tax Act:

Provided that where an individual, who is a non-resident Indian in any previous year in which the bonds are acquired, becomes a resident in India in any subsequent year, the provisions of this clause shall apply in respect of the gifts of property referred to in this clause in such subsequent year or any year thereafter.Explanation.-For the purposes of this clause, the expressions-

(b)"non-resident Indian" shall have the meaning assigned to it clause (e) of section 115C of the Income-tax Act;

(iv)to the Government or any local authority or any authority referred to in clause (20A) of section 10 of the Income-tax Act;

(i)to such temple, mosque, gurdwara, church or other place as has been notified by the Central Government for the purposes of clause(b) of sub-section (2) of section 80G of the Income-tax Act; or

(ii)by way of settlement on trust, of property the income from which, according to the deed of settlement, is to be used exclusively in connection with the temple, mosque, gurdwara, church or other place specified therein and notified as aforesaid;

(vii)to any relative dependent upon him for support and maintenance, on the occasion of the marriage of the relative, subject to a maximum of rupees one hundred thousand in value in respect of the marriage of each such relative;

(x)under a will;

(xi)in contemplation of death;

(xii)for the education of his children, to the extent to which the gifts are proved to the satisfaction of the Assessing Officer as being reasonable having regard to the circumstances of the case;

(xiii)being an employer, to any employee by way of bonus, gratuity or pension or to the dependents of a deceased employee, to the extent to which the payment of such bonus, gratuity or pension is proved to the satisfaction of the Assessing Officer as being reasonable having regard to the circumstances of the case and is made solely in recognition of the services rendered by the employee;

(xv)to any person in charge of any such Bhoodan or Sampattidan movement as the Central Government may, by notification in the Official Gazette, specify;

(IA)Any reference in clause (v) of sub-section (1) to charitable purpose in relation to a gift made on or after the 1st day of April, 1964, shall be construed as not including a purpose the whole or substantially the whole of which is of a religious nature.

(v)to any institution or fund established or deemed to be established for a charitable purpose to which the provisions of 15 section 80G of the Income-tax Act apply;

(va)

(2)Without prejudice to the provisions contained in sub-section (1), gift-tax shall not be charged under this Act in respect of gifts made by any person during the previous year, subject to a maximum of rupees thirty thousand in value.Explanation.-For the purposes of this section,-

(a)an individual shall be deemed to be ordinarily resident in the territories to which this Act extends during the previous year in which the gift is made if during that year he is regarded as a resident but not as not ordinarily resident within the meaning of section 6of the Income-tax Act, subject to the modification that references in that section to India shall be construed as references to the territories to which this Act extends;

(b)a Hindu undivided family firm or other association of persons shall be deemed to be resident in the territories to which this Act extends during any previous year unless, during that year, the control and management of its affairs was situated wholly outside the said territories;

(c)a company shall be deemed to be resident in the territories to which this Act extends during the previous year, if-

(i)it is a company formed and registered under the Companies Act, 1956 (1 of 1956), or is an existing company within the meaning of that Act; or

(ii)during that year, the control and management of that company was situated wholly in the said territories;

(d)"gifts made in contemplation of death" has the same meaning as in section 191 of the Indian Succession Act, 1925 (39 of 1925).

6. Value of gifts, how determined

(1)Subject to the provisions of sub-section (2), the value of any property, other than cash, transferred by way of gift shall, for the purpose of this Act, be its value as on the date on which the gift was made and shall be determined in the manner laid down in Schedule II.

(2)Where a person makes a gift which is not revocable for a specified period, the value of the property gifted shall be capitalised value of the income from such property during the period for which the gift is not revocable.

7. Gift-tax authorities and their jurisdiction

The income-tax authorities specified in section 116 of the Income-tax Act shall be gift-tax authorities for the purposes of this Act and every such authority shall exercise the powers and perform the functions of a gift-tax authority under this Act in respect of any person within his jurisdiction, and for this purpose his jurisdiction under this Act shall be the same as he has under the Income-tax Act by virtue of orders or directions issued under section 120 of that Act (including orders or directions assigning concurrent jurisdiction) or under any other provision of that Act.Explanation.-For the purposes of this section, the gift-tax authority having jurisdiction in relation to a person who has no income assessable to income-tax under the Income-tax Act shall be the gift-tax authority having jurisdiction in respect of the area in which that person resides.

7A. Powers of Commissioner respecting specified areas, cases or persons

* Omitted.

7AA. Concurrent jurisdiction of Inspecting Assistant Commissioner and Gift-tax Officer

* Omitted

7B. Power to transfer cases

* Omitted

8. Control of gift-tax authorities

Section 118 of the Income-tax Act and any notification issued thereunder shall apply in relation to the gift-tax authorities as they apply in relation to the control of the corresponding income-tax authorities, except to the extent to which the Board may, by notification in the Official Gazette, otherwise direct in respect of any gift-tax authority.

8A. Commissioners of Gift-tax (Appeals)

*Omitted

9. Instructions to subordinate authorities

(1)The Board may, from time to time, issue such orders, instructions and directions to other gift-tax authorities as it may deem fit for the proper administration of this Act, and such authorities and all other persons employed in the execution of this Act shall observe and follow such orders, instructions and directions of the Board:Provided that no such orders, instructions or directions shall be issued-

(a)so as to require any gift-tax authority to make a particular assessment or to dispose of a particular case in a particular manner; or

(b)so as to interfere with the discretion of the Deputy Commissioner (Appeals) or Commissioner (Appeals) in the exercise of his appellate functions.

(2)Without prejudice to the generality of the foregoing power-

(a)the Board may, if it considers it necessary or expedient so to do, for the purpose of proper and efficient management of the work of assessment and collection of revenue, issue, from time to time (whether by way of relaxation of any of the provisions of sections 13, 14, 15, 16, 16B, 17 and 34 or otherwise), general or special orders in respect of any class of cases, setting forth directions or instructions (not being prejudicial to assessees) as to the guidelines, principles or procedures to be followed by other gift-tax authorities in the work relating to assessment or collection or revenue or the initiation of proceedings for the imposition of penalties and any such order may, if the Board is of opinion that it is necessary in the public interest so to do, be published and circulated in the prescribed manner for general information;

(b)the Board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order, authorise any gift-tax authority, not being a Deputy Commissioner (Appeals) or Commissioner (Appeals) to admit an application or a claim for any exemption, deduction, refund or any other relief under this Act after the expiry of the period specified by or under this Act for making such application or claim and deal with the same on merits in accordance with law.

9A. Directors of Inspection

* Omitted

10. Jurisdiction of Assessing Officers and power to transfer cases

(1)The provisions of sections 124 and 127 of the Income-tax Act shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of the Income-tax Act subject to the modifications specified in sub-section (2).

(2)The modifications referred to in sub-section (1) shall be the following, namely:-

(a)in section 124 of the Income-tax Act,-

(i)in sub-section (3), reference to the provisions of the Income-tax Act shall be construed as references to the corresponding provisions of the Gift-tax Act;

(ii)sub-section (5) shall be omitted;

(b)in section 127 of the Income-tax Act, in the Explanation below sub-section (4), references to proceedings under the Income-tax Act shall be construed as including references to proceedings under the Gift-tax Act.

11. Inspector of Gift-tax

* Omitted

11A. Commissioner competent to perform any function or functions

* Omitted

11AA. Gift-tax Officer competent to perform any function or functions

* Omitted

11B. Control of gift-tax authorities

* Omitted

12. Gift-tax authorities to follow orders, etc., of the Board

* Omitted

12A. Power of Chief Commissioner or Commissioner and of Deputy Commissioner to make enquiries under this Act

The Chief Commissioner or Commissioner and the Deputy Commissioner shall be competent to make any enquiry under this Act and for this purpose, shall have all the powers that an Assessing Officer has under this Act in relation to the making of enquiries.

13. Return of gifts

(1)Every person who during a previous year has made by any taxable gifts, or is assessable in respect of the taxable gifts made by any other person under this Act, which, in either case, exceeded the maximum amount not chargeable to gift-tax, shall, on or before the 30th day of June of the corresponding assessment year, furnish a return of such gifts in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed.

(2)Notwithstanding anything contained in any other provision of this Act, a return which shows the amount of taxable gifts below the maximum amount which is not chargeable to tax shall be deemed never to have been furnished:Provided that this sub-section shall not apply to a return furnished in response to a notice under section 16.

14. 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 13 or by a notice issued under clause (i) of sub-section (4) of section 15, 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 up to and inclusive of the 31st day of March, 1990 or before the completion of the assessment, 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 up to and inclusive of the 31st day of March, 1991 or before the completion of the assessment, whichever is earlier.

14A. Return by whom to be signed

The return made under section 13 or section 14 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;

(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;

(c)in the case of a company, by the managing director thereof or there 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:

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;

(d)in the case of a firm, by the managing partner thereof or where for any unavoidable reason such managing partner is not able to sign and verify the return, or where there is no managing partner as such, by any partner thereof, not being minor;

(e)in the case of any other association, by any member of the association or the principal officer thereof; and

(f)in the case of any other person, by that person or by some person competent to act on his behalf.

14B. Self-assessment

(1)Where any tax is payable on the basis of any return furnished under section 13 or under section 14 or in response to a notice under clause (i) of sub-section (4) of section 15 or under section 16, 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 15 has been made, any amount paid under sub-section (I) 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 shall apply in respect of assessment for the assessment year commencing on the 1st day of April, 1989, and subsequent assessment years.

15. Assessment

(1)

(a)Where a return has been made under section 13 or section 14 or in response to a notice under clause (i) of sub-section (4),--

(i)if any tax or interest is found due on the basis of such return after adjustment of any amount paid by way of tax or interest, an intimation shall be sent to the assessee specifying the sum so payable and such intimation shall be deemed to be a notice issued under section 31 and all the provisions of this Act shall apply accordingly; and

(ii)if any refund is due on the basis of such return, it shall be granted to the assessee;

Provided that in computing the tax or interest payable by, or refundable to the assessee, the following adjustments shall be made in the taxable gifts declared in the return, namely:--

(i)any arithmetical errors in the return, accounts or documents accompanying it shall be rectified ;

(ii)any exemption or deduction, which on the basis of the information available in such return, accounts or documents, is prima facie admissible but which is not claimed or made in the return, shall be allowed;

(iii)any exemption or deduction claimed or made in the return, which, on the basis of the information available in such return, accounts or documents, is prima facie inadmissible, shall be disallowed:

Provided further that where adjustments are made under the first proviso, an intimation shall be sent to the assessee, notwithstanding that no tax or interest is found due from him after making the said adjustments:Provided also that an intimation for any tax or interest due under this clause shall not be sent after the expiry of two years from the end of the assessment year in which the gifts were first assessable.

(b)Where, as a result of an order made under sub-section (3) or sub-section (5) of this section or section 16 or section 22 or section 23 or section 24 or section 26 or section 28 or section 34 relating to any earlier assessment year and passed subsequent to the filing of the return referred to in clause (a) there is any variation in the exemption or deduction claimed or made in the return, and as a result of which,--

(i)if any tax or interest is found due, an intimation shall be sent to the assessee specifying the sum so payable, and such intimation shall be deemed to be a notice of demand issued under section 31 and all the provisions of this Act shall apply accordingly; and

(ii)if any refund is due, it shall be granted to the assessee:

Provided that an intimation for any tax or interest due under this clause shall not be sent after the expiry of four years from the end of the financial year in which any such order was passed.

(1A)

(a)Where in the case of any person, the taxable gift, as a result of the adjustments made under the first proviso to clause (a) of sub-section (1), exceeds the taxable gift declared in the return by any amount, the Assessing Officer shall,--

(i)further increase the amount of tax payable under sub-section (1) by an additional gift-tax calculated at the rate of twenty per cent, of the tax payable on such excess amount and specify the additional gift-tax in the intimation to be sent under sub-clause (i) of clause (a) of sub-section (1);

(ii)where any result is due under sub-section (1), reduce the amount of such refund by an amount equivalent to the additional gift-tax calculated under sub-clause (i).

(b)Where as a result of an order under section 22 or section 23 or section 24 or section 26 or section 28 or section 34, the amount on which additional gift-tax is payable under clause (a) has been increased or reduced, as the case may be, the additional gift-tax shall be increased or reduced accordingly, and,--

(i)in a case where the additional gift-tax is increased, the Assessing Officer shall serve on the assessee a notice of demand under section 31;

(ii)in a case where the additional gift-tax is reduced, the excess amount paid, if any, shall be refunded.

Explanation.--For the purposes of this sub-section, "tax payable on such excess amount" means the difference between the tax on the taxable gift and the tax that would have been chargeable had such faxable gift been reduced by the amount of adjustments.

(1B)Where an assessee furnishes a revised return under section 14 after the issue of an intimation, or the grant of refund, if any. under sub-section (1) of this section, the provisions of sub-sections (1) and (1 A) of this section shall apply in relation to such revised return and--

(i)the intimation already sent for any gift-tax, additional gift-tax or interest shall be amended on the basis of the said revised return and where any amount payable by way of gift-tax, additional gift-tax or interest specified in the said intimation has already been paid by the assessee then, if any such amendment has the effect of--

(a)enhancing the amount already paid, the intimation amended under this clause shall be sent to the assessee specifying the excess amount payable by him and such intimation shall be deemed to be a notice of demand issued under section 31 and all the provisions of this Act, shall apply accordingly;

(b)reducing the amount already paid, the excess amount paid shall be refunded to the assessee;

(ii)the amount of the refund already granted shall be enhanced or reduced on the basis of the said revised return and where the amount of refund already granted is--

(a)enhanced, only the excess amount of refund due to the assessee shall be paid to him;

(b)reduced, the excess amount so refunded shall be deemed to be the tax payable by the assessee and an intimation shall be sent to the assessee specifying the amount so payable, and such intimation shall be deemed to be a notice of demand issued under section 31 and all the provisions of this Act shall apply accordingly:

Provided that an assessee, who has furnished a revised return under section 14 after the service upon him of the intimation under sub-section (1) of this section, shall be liable to pay additional gift-tax in relation to the adjustments made under the first proviso to clause (a) of sub-section (1) and specified in the said intimation, whether or not he has made the said adjustments in the revised return.

(2)Where a return has been made under section 13 or section 14 or in response to a notice under clause (i) of sub-section (4) of this section, the Assessing Officer shall, if he considers it necessary or expedient to ensure that the assessee has not omitted to disclose any taxable gift or has not understated the amount or value of any such gift or has not under-paid the tax in any manner serve on the assessee a notice requiring him, on a date to be specified therein, either to attend at the office of the Assessing Officer or to produce, or cause to be produced there, any evidence on which the assessee may rely in support of the return:Provided that no notice under this sub-section shall be served on the assessee after the expiry of twelve months from the end of the month in which the return is furnished.

(3)On the date specified in the notice issued under sub-section (2) or, as soon afterwards as may be, after hearing such evidence as the assessee may produce and such other evidence as the Assessing Officer may require on specified points, and after taking into account all relevant material which he has gathered, the Assessing Officer shall, by order in writing, assess the value of taxable gifts made by the assessee and determine the sum payable by him on the basis of such assessment.

(4)For the purposes of making an assessment under this Act, the Assessing Officer may serve, on any person who has made a return under section 13 or section 14 or in whose case the time allowed under sub-section (1) of section 13 for furnishing the return has expired, a notice requiring him, on a date to be specified therein,--

(i)where such person has not made a return within the time allowed under subsection (1) of section 13, to furnish a return of the taxable gifts made by him or of the taxable gifts made by any other person in respect of which he is assessable under this Act during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, or

(ii)to produce or cause to be produced such accounts, records or other documents as the Assessing Officer may require.

(5)If any person--

(a)fails to make the return required under sub-section (1) of section 13 and has not made a return or a revised return under section 14, or

(b)fails to comply with all the terms of a notice issued under sub-section (2) or subsection (4), the Assessing Officer, after taking into account all relevant material which he has gathered, shall, after giving such person an opportunity of being heard, estimate the value of taxable gifts to the best of his judgment and determine the sum payable by such person on the basis of such assessment:

Provided that such opportunity shall be given by the Assessing Officer by serving a notice calling upon the person to show cause, on a date and time to be specified in the notice, why the assessment should not be completed to the best of his judgment:Provided further that it shall not be necessary to give such opportunity in a case where a notice under sub-section (4) has been issued prior to the making of the assessment under this sub-section.

(6)Notwithstanding anything contained in section 6, for the purpose of making an assessment under this Act, where under the provisions of section 6 read with Schedule II, the fair market value of any property transferred by way of gift is to be taken into account in such assessment, the Assessing Officer may refer the valuation of such property to the Valuation Officer,--

(a)in a case where the value of the property as returned is in accordance with the estimate made by a registered value, if the Assessing Officer is of opinion that the value so returned is less than its fair market value;

(b)in any other case, if the Assessing Officer is of opinion--

(i)that the fair market value of the property exceeds the value of the property as returned by more than such percentage of the value of the property as returned or by more than such amount as may be prescribed in this behalf; or

(ii)that having regard to the nature of the property and other relevant circumstances, it is necessary so to do, and where any such reference is made, the provisions of sub-sections (2), (3), (4), (5) and (6) of section 16A, clauses (ha) and (i) of sub-section (1) and sub-sections (3 A) and (4) of section 23, sub-section (5) of section 24, section 34AA, section 35 and section 37 of the Wealth-tax Act, 1957 (27 of 1957), shall, with the necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act.

Explanation.--In this sub-section, "Valuation Officer" has the same meaning as in clause (r) of section 2 of the Wealth-tax Act, 1957 (27 of 1957).

(7)Where a regular assessment under sub-section (3) or sub-section (5) is made,--

(a)any tax or interest paid by the assessee under sub-section (I) shall be deemed to have been paid towards such regular assessment;

(b)in no refund is due on regular assessment or the amount refunded under sub-section (1) exceeds the amount refundable on regular assessment, the whole or the excess amount so refunded shall be deemed to be tax payable by the assessee and the provisions of this Act shall apply accordingly.

(8)The provisions of this section, except those of sub-section (6), 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.Explanation.--An intimation sent to the assessee under sub-section (1) or sub-section (IB) shall be deemed to be an order for the purposes of sub-section (1) of section 24.

16. Gift escaping assessment

(1)If the Assessing Officer, has reason to believe that the taxable gifts in respect of which any person is assessable under this Act (whether made by him or by any other person) have escaped assessment for any assessment year (whether by reason of under-assessment or assessment at too low a rate or otherwise), he may, subject to the other pro visions of this section and section 16A, serve on such person a notice requiring him to furnish within such period, as may be specified in the notice, a return in the prescribed form and verified in the prescribed manner, setting forth the taxable gifts made by him or by such other person during the previous year mentioned in the notice, in respect of which he is assessable, along with such other particulars as may be required by the notice, and may proceed to assess or reassess such gifts and also any other taxable gifts in respect of which such person is assessable, which have escaped assessment and which come to his notice subsequently in the course of the proceedings under this section for the assessment year concerned (hereafter in this section referred to as the relevant assessment year); and the provisions of this Act shall, so far as may be apply as if the return were a return required under section 13:Provided that where an assessment under sub-section (3) of section 15 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any taxable gift chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to make a return under section 13 or section 14 or in response to a notice issued under sub-section (4) of section 15 or this section or to disclose fully and truly all material facts necessary for his assessment for year:Provided further that the Assessing Officer shall, before issuing any notice under this sub-section, record his reasons for doing so.Explanation.--Production before the Assessing Officer of account books or other evidence from which material evidence could with due diligence have been discovered by the Assessing Officer will not necessarily amount to disclosure within the meaning of the foregoing proviso.

(1A)No notice under sub-section(1)shall be issued for the relevant assessment year,--

(a)in a case where an assessment under sub-section (3) of section 15 or sub-section (1) of this section has been made for such assessment year,--

(i)if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub-clause (ii) or sub-clause (iii);

(ii)if four years, but not more than seven years, have elapsed from the end of the relevant assessment year, unless the value of taxable gifts chargeable to tax which have escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year;

(iii)if seven years, but not more than ten years, have elapsed from the end of the relevant assessment year, unless the value of taxable gifts chargeable to tax which have escaped assessment amounts to or is likely to amount to rupees one lakh or more for that year;

(b)in any other case,--

(i)if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub-clause (ii) or sub-clause (iii);

Explanation.--For the purposes of sub-section (1) and sub-section (1A), the following shall also be deemed to be cases where taxable gifts chargeable to tax have escaped assessment, namely:--

(a)where no return of taxable gifts has been furnished by the assessee although the taxable gifts made by him or the taxable gifts made by any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to gift-tax;

(b)where a return of taxable gifts has been furnished by the assessee but no assessment has been made and it is noticed by the Assessing Officer that the assessee has understated the amount or value of the taxable gifts or has claimed excessive exemption or deduction in the return.

(1B)

(a)In a case where an assessment under sub-section (3) of section 15 or sub-section (1) of this section has been made for the relevant assessment year, no notice shall be issued under sub-section (1) by an Assessing Officer, who is below the rank of Assistant Commissioner, unless the Deputy Commissioner is satisfied on the reasons recorded by such Assessing Officer that it is a fit case for the issue of such notice:

Provided that, after the expiry of four years from the end of the relevant assessment year, no such notice shall be issued unless the Chief Commissioner or Commissioner is satisfied, on the reasons recorded by the Assessing Officer aforesaid, that it is a fit case for the issue of such notice.

(b)In a case other man a case falling under clause (a), no notice shall be issued under sub-section (1) by an Assessing Officer, who is below the rank of Deputy Commissioner, after the expiry of four years from the end of the relevant assessment year, unless the Deputy Commissioner is satisfied, on the reasons recorded by such Assessing Officer, that it is a fit case for the issue of such notice.

(2)Nothing contained in this section limiting the time within which any proceedings for assessment or re-assessment may be commenced shall apply to an assessment or reassessment to be made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order under section 22, section 23, section 24, section 26 or section 28 or by a court in any proceedings under any other law.

16A. Time-limit for completion of assessment and reassessment

1.

) No order of assessment shall be made under section 15 at any time after the expiry two years from the end of the assessment year in which the gifts were first assessable:Provided that,--(a)where the gifts were first assessable in the assessment year commencing on the 1st day of April, 1987, or any earlier assessment year, such assessment may be made on or before the 31st day of March, 1991;(b)where the gifts were first assessable in the assessment year commencing on the 1st day of April, 1988, such assessment may be made on or before the 31st day of March, 1992.

(2)No order of assessment or reassessment shall be made under section 16 after the expiry of two years from the end of the financial year in which the notice under sub-section (1) of that section was served:Provided that,--

(i)where the notice under clause (a) of sub-section (1) of section 16 was served during the financial year commencing on the 1st day of April, 1985, or the 1st day of April, 1986 such assessment or reassessment may be completed on or before the 31st day of March,1990;

(ii)where the notice under clause (b) of sub-section (1) of section 16 relates to the assessment for the assessment year commencing on the 1st day of April, 1985, or the 1st day of April, 1986, such assessment or reassessment may be completed on or before the 31st day of March, 1990 or the expiry of two years from the end of the financial year in which such notice was served, whichever is later.

Explanation.--References to section 16 in the proviso shall be construed as references to that section as it stood before its amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988).

(3)Notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment in pursuance of an order passed on or after the 1st day of April, 1975, under section 22, section 23 or section 24, setting aside or cancelling an assessment, may be made at any time before the expiry of two years from the end of the financial year in which the order under section 22 or section 23 is received by the Chief Commissioner or Commissioner or, as the case may be, the order under section 24 is passed by the Commissioner:Provided that where the order setting aside or cancelling the assessment was passed during the financial year commencing on the 1st day of April, 1985 or the 1st day of April, 1986, the order of fresh assessment may be made on or before the 31st day of March, 1990.

(4)The provisions of sub-sections (1) and (2) shall not apply to the assessment or reassessment made on the assessee in consequence of, or to give effect to, any finding or direction contained in an order under section 22, section 23, section 24, section 26, or section 28 or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act and such assessment or reassessment may, subject to the provisions of subsection (3), be completed at any time.Explanation 1.--In computing the period of limitation for the purposes of this section--

(i)the time taken in reopening the whole or any part of the proceeding or in giving an opportunity to the assessee to be reheard under the proviso to section 38, or

(ii)the period during which the assessment proceeding is stayed by an order or injunction of any court, shall be excluded.

Provided that where immediately after the exclusion of the aforesaid time or period, the period of limitation referred to in sub-sections (1), (2) and (3) available to the Assessing Officer for making an order of assessment or reassessment, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly.Explanation 2.--Where, by an order referred to in sub-section (4), any gift is excluded from the taxable gifts for an assessment year in respect of an assessee, then, an assessment of such gift for another assessment year shall, for the purposes of sub-section (2) of section 16 and this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order.

16B. Interest for defaults in furnishing return of gifts

(1)Where a return of gifts for any assessment year under sub-section (I) of section 13 or section 14, or in response to a notice under clause (i) of sub-section (4) of section 15, is furnished after the 30th day of June of such year, or is not furnished, the assessee shall be liable to pay simple interest at the rate of two percent, for every month or part of a month comprised in the period commencing on the 1st day of July of the assessment year, and,--

(a)where the return is furnished after the 30th day of June ending on the date of furnishing of the return; or

(b)where no return has been furnished, ending on the date of completion of the assessment under sub-section (5) of section 15, on the amount of tax payable on the taxable gifts as determined under sub-section (1) of section 15 or on regular assessment.

Explanation 1.-In this sub-section, "tax payable on the taxable gifts as determined under sub-section (1) of section 15" shall not include the additional gift-tax, if any payable under section 15.Explanation 2.. Where in relation to an assessment year the assessment is made for the first time under section 16, the assessment so add shall be regarded as a regular assessment for the purposes of this section.Explanation 3.- In this sub-section, "tax payable on the taxable gifts as determined under sub-section (1) of section 15 or on regular assessment" shall, for the purposes of computing the interest payable under section 114B, be deemed to be tax payable on the taxable gifts as declared in the return.

(2)The interest payable under sub-section (1) shall be reduced by the interest, if any, paid under section 14B towards the interest chargeable under this section.

(3)Where return of gifts for any assessment year, required by a notice under sub-section (1) of section 16 issued after the determination of taxable gifts under sub-section (1) of section 15 or after the completion of an assessment under sub-section (3) or sub-section (5) of section 15 or section 16, is furnished after the expiry of the time allowed under such notice, or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent, for every month or part of a month comprised in the period commencing on the day immediately following the expiry of the time allowed as aforesaid, and,--

(a)where the return is furnished after the expiry of the time aforesaid, ending on the date of furnishing the return; or

(b)where no return has been furnished, ending on the date of completion of the reassessment under section 16, on the amount by which the tax on the taxable gifts determined on the basis of such reassessment exceeds the tax on the taxable gifts as determined under sub-section (1) of section 15 or on the basis of the earlier assessment aforesaid.

(4)where, as a result of an order under section 22 or section 23 or section 24 or section 26 or section 28 or section 34, the amount of tax on which interest was payable under this section has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and,--

(i)in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be a notice under section 31 and the provisions of this Act shall apply accordingly, and

(ii)in a case where the interest is reduced, the excess interest paid, if any, shall be refunded.

(5)The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1989 and subsequent assessment years.

17. Penalty for failure to furnish returns, to comply with notices and concealment of gifts, etc

(1)If the Assessing Officer, Deputy Commissioner (Appeals), Commissioner(Appeals), Chief Commissioner or Commissioner or Appellate Tribunal, in the course of any proceedings under this Act, is satisfied that any person--

(b)has failed to comply with a notice under sub-section (2) or sub-section (4) of section 15; or

(c)has concealed the particulars of any gift or deliberately furnished inaccurate particulars thereof, he or ii may, by order in writing, direct that such person shall pay way of penalty--

(ii)in the cases referred to in clause (b), in addition to the amount of gift-tax payable by him, a sum which shall not be less than one thousand rupees but which may extend to twenty-five thousand rupees for each such failure;

(iii)in the cases referred to in clause (c), in addition to any gift-tax payable by him, a sum which shall not be less than twenty per cent, but which shall not exceed one and half times the amount of the tax, if any, which would have been avoided if the return made by such person had been accepted as correct:

Provided that in the cases referred to in clause (b), no penalty shall be imposable if the person proves that there was a reasonable cause for the failure referred to in that clause.Explanation.--Where any adjustment is made in the taxable gifts declared in the return under the proviso to clause (a) of sub-section (1) of section 15 and additional gift-tax charged under that section, the provisions of this sub-section shall not apply in relation to the adjustments so made.

(2)No order imposing a penalty under sub-section (1) shall be made unless the assessee has been heard or has been given a reasonable opportunity of being heard.

(3)No order imposing a penalty under sub-section (1) shall be made,--

(i)by the Income-tax Officer, where the penalty exceeds ten thousand rupees;

(ii)by the Assistant Commissioner, where the penalty exceeds twenty thousand rupees, except with the prior approval of the Deputy Commissioner,

(4)A Deputy Commissioner (Appeals) a Commissioner (Appeals), a Chief Commissioner or Commissioner or the Appellate Tribunal on making an order under this section imposing penalty, shall forthwith send a copy of the same to the Assessing Officer.

(5)No order imposing a penalty under this section shall be passed--

(i)in a case where the assessment to which the proceedings for imposition of penalty relate is the subject-matter of an appeal to the Deputy Commissioner (Appeals) or Commissioner (Appeals) under section 22 or an appeal to the Appellate Tribunal under sub-section (2) of section 23, after the expiry of the financial year in which (he proceeding, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which the order of the Deputy Commissioner (Appeals) or the Commissioner (Appeals) or, as the case may be, the Appellate Tribunal is received by the Chief Commissioner or Commissioner, whichever is later;

(ii)in a case where the relevant assessment is the subject-matter of revision under subsection (2) of section 24, after the expiry of six months from the end of the month in which such order of revision is passed;

(iii)in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed or six months from the end of the month in which action for imposition of penalty is initiated, whichever period expires later.

Explanation.--In computing the period of limitation for the purposes of this section,--

(i)the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 38; and

(ii)any period during which a proceeding under this section for the levy of penalty is stayed by an order or injunction of any court, shall be excluded.

(6)The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1989, 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.

17A. Penalty for failure to answer questions, sign statements, furnish information, allow inspection, etc

(1)If a person--

(a)being legally bound to state the truth of any matter touching the subject of his assessment, refuses to answer any question put to him by a gift-tax authority in the exercise of his powers under this Act; or

(b)refuses to sign any statement made by him in the course of any proceedings under this Act, which a gift-tax authority may legally require him to sign; or

(c)to whom a summons is issued under sub-section (1) of section 36, either to attend to give evidence or produce books of account or other documents at a certain place and time, omits to attend or produce the books of account or documents at the place and time, he shall pay, by way of penalty, a sum which shall not be less than five hundred rupees but which may extend to ten thousand for each such default or failure:

Provided that no penalty shall be imposable under clause (c) if the person proves that there was reasonable cause for the said failure.

(2)If a person fails to furnish in due time any statement or information which such person is bound to furnish to the Assessing Officer under section 37, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees but which may extend to two hundred rupees for every day during which the failure continues:Provided that no penalty shall be imposable under this sub-section if the person proves that there was reasonable cause for the said failure.

(3)Any penalty imposable under sub-section (1) of sub-section (2) shall be imposed--

(a)in a case where the contravention, failure or default in respect of which such penalty is impossible occurs in the course of any proceeding before a gift-tax authority not lower in rank than a Deputy Director or a Deputy Commissioner, by such gift-tax authority;

(b)in any other case, by the Deputy Director or the Deputy Commissioner.

(4)No order under this section shall be passed by any gift-tax authority referred to in sub-section (3) unless the person on whom penalty is proposed to be imposed has been heard or has been given a reasonable opportunity of being heard in the matter by such authority.Explanation.--In this section, "gift-tax authority" includes a Director General/ Deputy Director, Assistant Director or Valuation Officer while exercising the powers vested in a court under the Code of Civil Procedure, 1908(5 of 1908), when trying a suit in respect of the matters specified in sub-section (1) of section 36.

18. Rebate on advance payments

It a person making a taxable gift pays into the treasury within fifteen days of his making the gift any part of the amount of tax due on the gift calculated at the rates specified in the Schedule or at the rate specified in sub-section (2) of section 3, he shall, at the time of assessment under section 15, be given credit--

(i)for the amount so paid; and

(ii)for a sum equal to one-ninth of the amount so paid, so however, that such sum shall in no case exceed one-tenth of the tax due on the gift.

Explanation.--If a person makes more than one taxable gift in the course of a previous year, the amount of tax due on any one of such gifts shall be the difference between the total amount of tax due on the aggregate value of all the taxable gifts so far made, including the taxable gift in respect of which tax has to be paid, calculated at the rates specified in the schedule or, as the case may be, at the rate specified in sub-section (2) or section 3, and the total amount of tax on the aggregate value of all the gifts made during that year, excluding the taxable gift in respect of which tax has to be paid, calculated at the rates specified in the Schedule or, as the case may be, at the rate specified in sub-section (2) of section 3.

18A. Credit for stamp duty paid on instrument of gift

Where any stamp duty has been paid under any law relating to stamp duty in force in any State on an instrument of gift of property, the assessee shall be entitled to a deduction from the gift-tax payable by him of an amount equal to the stamp duty so paid or one-half of the gift-tax payable, before making the deduction under this section, whichever is less.

19. Tax of deceased person payable by legal representative

(1)Where a person dies, his executor, administrator, or other legal representative shall be liable to pay out of the estate of the deceased person, to the extent to which the estate is capable of meeting the charge, the gift-tax determined as payable by such person, or any sum which would have been payable by him under this Act if he had not died.

(2)Where a person dies without having furnished a return under section 13, or after having furnished a return which the Assessing Officer has reason to believe to be incorrect or incomplete, the Assessing Officer may make an assessment of the value of the taxable gifts made by such person and determine the gift-tax payable by him, and for this purpose may, by the issue of the appropriate notice which would have had to be served upon the deceased person if he had survived, require from the executor, administrator or other legal representative of the deceased person any accounts, documents or other evidence which might, under the provisions of section 15, have been required from the deceased person.

(3)The provisions of sections 13, 14 and 16 shall apply to an executor, administrator or other legal representative as they apply to any person referred to in those sections.

19A. Assessment of persons leaving India

(1)Notwithstanding anything contained in section 3, when it appears to the Assessing Officer that any individual may leave India during the current assessment year or shortly after its expiry and that he has no present intention of returning to India, the gifts made by such individual during the period from the expiry of the previous year for that assessment year up to the probable date of his departure from India, shall be chargeable to gifts-tax in that assessment year.

(2)The taxable gifts made in each completed previous year or part of any previous year included in such period shall be chargeable to gift-tax at the rate or rates specified in the Schedule or, as the case may be, at the rate specified in sub-section (2) of section 3, and separate assessments shall be made in respect of each such completed previous year or part of any previous year.

(3)The Assessing Officer may estimate the value of the gifts made by such individual during such period or any part thereof, where it cannot be readily determined in the manner provided in this Act.

(4)For the purpose of making an assessment under sub-section (1), the Assessing Officer may serve a notice upon such individual requiring him to furnish, within such time, not being less than seven days, as may be specified in the notice, a return in the same form and verified in the same manner as a return under sub-section (I) of section 13, giving particulars of the gifts made by him during each completed previous year comprised in the period referred to in sub-section (1) and during any part of the previous year comprised in that period; and the provisions of this Act shall, so far as may be, and subject to the provisions of this section, apply as if the notice were a notice issued under clause (i) of sub-section (4) of section 15.

(5)The gift-tax chargeable under this section shall be in addition to the tax, if any, chargeable under any other provision of this Act.

(6)Where the provisions of sub-section (I) are applicable, any notice issued by the Assessing Officer under clause (i) of sub-section (4) of section 15 or under section 16 in respect of any gift-tax chargeable under any other provisions of this Act may, notwithstanding anything contained in clause (i) of sub-section (4) of section 15 or section 16, as the case may be, required the furnishing of the return by such individual within such period, not being less than seven days, as the Assessing Officer may think proper.

20. Assessment after partition of a Hindu undivided family

(1)Where, at the time of making an assessment, it is brought to the notice of the Assessing Officer that a partition has taken place among the members of a Hindu undivided family, and the Assessing Officer, after enquiry is satisfied that the joint family property has been partitioned among the various members or groups of members in definite portions, he shall record an order to that effect and he shall make assessments on the value of the taxable gifts made by the family as such as if no partition has taken place and each member or group of members shall be liable jointly and severally for the tax assessed on the value of the taxable gifts made by the joint family as such.

(2)Where the Assessing Officer is not so satisfied, he may, by order, declare that such family shall be deemed for the purposes of this Act to continue to be a Hindu undivided family.

21. Liability in case of discontinued firm or association of persons

(1)Where a firm or association of persons liable to pay gift-tax has been discontinued or dissolved, the Assessing Officer shall determine the gift-tax payable by the firm or association of persons as such as if no such discontinuance or dissolution has taken place.

(2)If the Assessing Officer, the Deputy Commissioner (Appeals) the Commissioner (Appeals) or the Appellate Tribunal in the course of any proceedings under this Act in respect of any such firm or other association of persons as is referred to in sub-section (1) is satisfied that the firm or association is guilty of any of the acts specified in clause (a) or clause (b) or clause (c) of sub-section (1) of section 17, he or it may impose or direct the imposition of a penalty in accordance with the provisions of that section.

(3)Every person who was at the time of such discontinuance or dissolution a partner of the firm or a member of the association, as the case may be, shall be jointly and severally liable for the amount of tax or penalty payable, and all the provisions of Chapter VII, so far as may be, shall apply to any such assessment or imposition penalty.

21A. Assessment of donee when donor cannot be found

(1)Where an Assessing Officer after using all due and reasonable diligence cannot find the donor who has made any taxable gifts, for the purpose of service of notice under sub-section (2) of section 13 or under section 16, the Assessing Officer may make an assessment of the value of all such taxable gifts made by him and determine the gift-tax payable by him and for this purpose may, by the issue of the appropriate notice which would have had to be served upon the donor, require from the done or donees any accounts, documents or other evidence which might, under the provisions of section 15, have been required from the donor.

(2)Where any assessment in respect of the taxable gifts made by the donor has been made under sub-section(1), every done shall be liable for the gift-tax so assessed:Provided that where the donees are more than one, they shall be jointly and severally liable for the amount of the gift-tax so assessed:Provided further that the amount of the gift-tax which may be recovered from each done shall not exceed the value of the gift made to him as on the date of the gift.

(3)The provisions of sections 13, 14 and 16 shall apply to a done as the apply to any person referred to in those sections.

22. Appeal to the Deputy Commissioner (Appeals) from orders of Assessing Officers

(1)Subject to the provisions of sub-section (1A), any person,-

(a)objecting to the value of taxable gifts determined under this Act; or

(b)objecting to the amount of gift-tax determined as payable by him under this Act; or

(c)denying his liability to be assessed under this Act; or

(d)objecting to any penalty imposed by the Assessing Officer under section 17 ;

(e)objecting to any order of the Assessing Officer under sub-section (2) of section 20;or

(f)objecting to any penalty imposed by the Assessing Officer under sub-section (1) of section 221 of the Income-tax Act as applied under section 33 for the purposes of gifts-tax ; or

(g)objecting to an order of the Assessing Officer under section 34 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under that section; or

may appeal to the Deputy Commissioner (Appeals) against the assessment or order, as the case may be, in the prescribed form and verified in the prescribed manner :Provided that no appeal shall lie under clause (f) unless the tax has been paid before the appeal is filed.

(1A)Notwithstanding anything contained in sub-section (1), any person-

(a)objecting to the value of taxable gifts determined under this Act or objecting to the amount of gift-tax determined as payable by him or denying his liability to be assessed under this Act where the value of taxable gifts determined on assessment exceeds two lakh rupees; or

(b)objecting to any assessment or order referred to in clauses (a) to (g) (both inclusive) of sub-section (1), where such assessment or order has been made by the Deputy Commissioner in exercise of the powers or functions conferred on or assigned to him under section 7 or section 10; or

(c)objecting to any penalty imposed under sub-section (1) of section 17 with the previous approval of the Deputy Commissioner as specified in sub-section (3) of that section;

(d)objecting to any penalty imposed by the Deputy Director or the Deputy Commissioner under section 17A;

(e)objecting to any order made by an Assessing Officer in the case of such persons or classes of persons as the Board may, having regard to the nature of the cases, the complexities involved and other relevant considerations, direct, may appeal to the Commissioner (Appeals) against the assessment or order, as the case may be, in the prescribed form and verified in the prescribed manner:

Provided that no appeal shall He under clause (b) of this sub-section against any order referred to in clause (f) of sub-section (1) unless the tax has been paid before the appeal is filed.

(1B)Notwithstanding anything contained in sub-section (1), the Board or the Director-General or the Chief Commissioner or the Commissioner, if so authorised by the Board, may, by order in writing, transfer any appeal which is pending before a Deputy Commissioner (Appeals) and any matter arising out of or connected with such appeal and which is so pending, to the Commissioner (Appeals), if the Board or, as the case may be, the Director-General, the Chief Commissioner or the Commissioner (at the request of the appellant or otherwise) is satisfied that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations and the Commissioner (Appeals) may proceed with such appeal or matter from the stage at which it was before it was so transferred:Provided that the appellant may demand that before proceedings further with the appeal or matter, the previous proceeding or any part thereof be reopened or that he be reheard.

(2)An appeal shall be presented within thirty days of the receipt of the notice of demand relating to the assessment or penalty objecting to, or the date on which any order objected to, is communicated to him, but the Deputy Commissioner (Appeals) or as the case may be, the Commissioner (Appeals) may admit an appeal after the expiration of the period aforesaid if he is satisfied that the appellant had sufficient cause for not presenting the appeal within that period.

(3)The Deputy Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals) shall fix a day and place for the hearing of the appeal and may from time to time adjourn the hearing.

(4)The Deputy Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals) may,-

(a)at the hearing of an appeal, allow an appellant to go into any ground of appeal, not specified in the grounds of appeal;

(b)before disposing of an appeal, make such further inquiry as he thinks fit or cause further inquiry to be made by the Assessing Officer.

(5)In disposing of an appeal, the Deputy Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals) may pass such order as he thinks fit which may include or order enhancing the amount of gift-tax determined or penalty imposed:Provided that no order enchanting the amount of gift-tax determined or penalty imposed shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement.

(5A)In disposing of an appeal, the Deputy Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals) may consider and decide any matter arising out of the proceedings in which the order appealed against was passed, notwithstanding that such matter was not raised before the Deputy Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals) by the appellant.

(5B)The order of the Deputy Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision.

(6)A copy of every order passed by the Deputy Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals) under this section shall be forwarded to the appellant and the Chief Commissioner or Commissioner.

23. Appeal to the Appellate Tribunal

(1)An assessee, objecting to an order passed by the Deputy Commissioner (Appeals) or the Commissioner (Appeals) under section 17 or section 17A of section 22 or sub-section (2) of section 36 may appeal to the Appellate Tribunal within sixty days of the date on which the order is communicated to him.

(2)The Commissioner may, if he is not satisfied as to the correctness of any order passed by a Deputy Commissioner (Appeals) or a Commissioner (Appeals) under section 22 direct the Assessing Officer to appeal to the Appellate Tribunal against such order, and such appeal may be made at any time before the expiry of sixty days of the date on which the order is communicated to the Commissioner.

(2A)The Assessing Officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the Deputy Commissioner (Appeals) or the Commissioner (Appeals) has been preferred under sub-section (1) or sub-section (2) by the other party, may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-objections, verified in the prescribed manner against any part of the order of the Deputy Commissioner (Appeals) or the Commissioner (Appeals) and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub-section (1) or sub-section (2).

(3)The Appellate Tribunal may admit an appeal or permit the filing or a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (1) or subsection (2) or sub-section (2A) if it is satisfied that there was sufficient cause for not presenting it within that period.

(4)An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in subsection (2), be accompanied by a fee of two hundred rupees.

(5)The Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, and any such orders may include an order enhancing the amount of gift-tax determined or penalty imposed:Provided that no order enhancing the amount of gift-tax determined or penalty imposed shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement.

(9)A copy of every order passed by the Appellate Tribunal under this section shall be forwarded to the assessee and the Commissioner.

(10)Save as provided in section 26, any order passed by the Appellate Tribunal on appeal shall be final.

(11)The provisions of sub-sections (1), (4) and (5) of section 255 of the Income-tax Act shall apply to the Appellate Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Income-tax Act.

24. Powers of Commissioner to revise orders of subordinate authorities

(1)The Commissioner may, either on his own motion or on application made by an assessee in this behalf, call for the record of any proceeding under this Act in which an order has been passed by any authority subordinate to him, and may make such inquiry or cause such inquiry to be made, and, subject to the provisions of this Act, pass such order there on not being an order prejudicial to the assessee, as the Commissioner thinks fit:Provided that the Commissioner shall not revise any order under this sob-section in any case-

(a)where an appeal against the order lies to the Deputy Commissioner (Appeals) or to the Commissioner (Appeals) or to the Appellate Tribunal and the time within which such appeal can be made has not expired or, in the case of an appeal to the Commissioner (Appeals) or to the Appellate Tribunal, the assessee has not waived his right of appeal;

(b)where the order is pending in appeal before the Deputy Commissioner (Appeals) or has been the subject of an appeal to the Commissioner (Appeals) or to the Appellate Tribunal;

(c)where the application is made by the assessee for such revision unless-

(i)the application is accompanied by a fee of rupees twenty-five; and

(ii)the application is made within one year from the date of the order sought to be revised or within such further period as the Commissioner may think fit to allow on being satisfied that the assessee was prevented by sufficient cause from making the application within that period; and

(d)where the order is sought to be revised by the Commissioner on his own motion, if such order is made more than one year previously.

Explanation.-For the purposes of this sub-section,-

(a)the Deputy Commissioner (Appeals) shall be deemed to be an authority subordinate to the Commissioner, and

(b)an order by the Commissioner declining to interfere shall be deemed not be an order prejudicial to the assessee.

(2)Without prejudice to the provisions contained in sub-section (1), the Commissioner may call for and examine the record of any proceeding under this Act, and, if he considers that any order passed therein by an Assessing Officer is erroneous in so far as it is prejudicial to the interests of revenue, he may, after giving the assessee an opportunity of being heard, and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment or cancelling it and directing a fresh assessment.Explanation.-For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,-

(a)an order passed on or before or after the 1st day of June, 1988, by the Assessing Officer shall-include an order passed by the Deputy Commissioner in exercise of the powers or in performance of the functions of an Assessing Officer conferred on or assigned to him under orders or directions issued by the Board or by the Chief Commissioner or Director-General or Commissioner authorised by the Board in this behalf under section !20 of the Income-tax Act read with section 7 of this Act;

(b)"record" shall include and shall be deemed always to have included all records relating to any proceeding under this Act available at the time of examination by the Commissioner;

(c)where any order referred to in this sub-section and passed by the Assessing Officer had been the subject-matter of any appeal filed on or before or after the 1st day of June, 1988, the powers of the Commissioner under this sub-section shall extend to and shall be deemed always to have extended such matters as had not been considered and decided in such appeal.

(3)No order shall be made under sub-section (2) after the expiry of two years from the end of the financial year in which the order sought to be revised was passed.Explanation.-In computing the period of limitation for purposes of this sub-section, the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 38 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded.

25. Appeal to the Appellate Tribunal from orders of enhancement by Chief Commissioner or Commissioner

(1)An assessee objecting to an order passed by the Chief Commissioner or Commissioner under section 17 or section 17A or to an order of enhancement passed by him under section 24 or an order passed by the Director-General or Director under section 17A may appeal to the Appellate Tribunal within sixty days of the date on which the order is communicated to him.

(2)An appeal to the Appellate Tribunal under sub-section (1) shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of two hundred rupees.

(3)The provisions of sub-sections (3),(5),(9) and (10) of section 23 shall apply in relation to any appeal under this section as they apply in relation to any appeal under that section.

26. Reference to High Court

(1)The assessee or the Chief Commissioner or Commissioner may, within sixty days of the date upon which he is served with notice of an order under section 23 or section 25 or clause (e) or sub-section (1) of section 34, 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.

(2)The Appellate Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the period specified in sub-section (1), allow it to be presented within a further period not exceeding thirty days.

(3)If, on an application made under sub-section (1), the Appellate Tribunal,-

(a)refuses to state a case on the ground that no question of law arises, or

(b)rejects it on the ground that it is time-barred,

the applicant may, within ninety days from the date on which he is served with a notice of refusal or rejection, as the case may be, apply to the High Court, and the High Court may, if it is not satisfied with the correctness of the decision of the Appellate Tribunal, require the Appellate Tribunal to state the case to the High Court, and on receipt of such requisition the Appellate Tribunal shall state the case:Provided that, if in any case where the Appellate Tribunal has been required by an assessee to state a case the Appellate Tribunal refuses to do so on the ground that no question of law arises, the assessee may, within thirty days from the date on which he receives notice of refusal to state the case, withdraw his application, and if he does so, the fee paid by him under sub-section (1) shall be refunded to him.

(3A)If, on an application made under this section, the Appellate Tribunal is of the opinion that on account of a conflict in the decisions of High Courts in respect of any particular question of law, it is expedient that a reference should be made direct to the Supreme Court, the Appellate Tribunal may draw up a statement of the case and refer it through its President direct to the Supreme Court.

(4)The statement to the High Court or the Supreme court shall set.

(5)If the High Court or the Supreme Court is not satisfied that the case as stated is sufficient to enable it to determine the question of law raised thereby, it may require the Appellate Tribunal to make such modification therein as it may direct.

(6)The High Court or the Supreme Court, upon hearing any such case, shall decide the question of law raised therein, and in doing so, may, if it thinks fit, after the form of the question of law and shall deliver judgment thereon containing the grounds on which such decision is founded and shall send a copy of the judgment under the seal of the court and the signature of the Registrar to the Appellate Tribunal and the Appellate Tribunal shall pass such orders as are necessary to dispose of the case conformably to such judgment.

(7)The costs of any reference to the High Court or the Supreme Court which shall not include the fee for making the reference shall be in the discretion of the court.

27. Hearing by High Court

When a case has been stated to the High Court under section 26, it shall be heard by a Bench of not less than two judges of the High Court and shall be decided in accordance with the opinion of such judges or of the majority of such judges, if any:Provided that where there is no such majority, the judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the judges of the High Court, and such point shall be decided according to the opinion of the majority of the judges who have heard the case, including those who first heard it.

28. Appeal to Supreme Court

(1)An appeal shall lie to the Supreme Court from any judgment of the High Court delivered on a case stated under section 26 in any case which the High Court certifies as a fit case for appeal to the Supreme Court.

(2)Where the judgment of the High Court is varied or reversed on appeal under this section, effect shall be given to the order of the Supreme Court in the manner provided in sub-section (6) of section 26.

(3)The High Court may, on application made to it for the execution of any order of the Supreme Court in respect of any costs awarded by it, transmit the order for execution to any court subordinate to the High Court.

28A. Tax to be paid notwithstanding reference, etc

Notwithstanding that a reference has been made to the High Court or the Supreme Court or an appeal has been preferred to the Supreme Court, tax shall be payable in accordance with the assessment made in the case.

28B. Definition of High Court

In this Chapter, "High Court" means-

(i)in relation to any State, the High Court of that State;

(ii)in relation to the Union territory of Delhi, the High Court of Delhi;

(iia)

(iii)in relation to the Union Territories of Arunachal Pradesh and Mizoram, the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);

(iv)in relation to the Union territory of Andaman and Nicobar Islands, the High Court at Calcutta;

(v)in relation to the Union territory of Lakshadweep, the High Court of Kerala;

(va)in relation to the Union territory of Chandigarh, the High Court of Punjab and Haryana;

(vi)in relation to the Union territories of Dadra and Nagar Haveli and Goa, Daman and Diu, the High Court at Bombay;

(vii)in relation to the Union territory of Pondicherry, the High Court at Madras.

29. Gift-tax by whom payable

Subject to the provisions of this Act, gift-tax shall be payable by the donor but when in the opinion of the Assessing Officer the tax cannot be recovered from the donor, it may be recovered from the done:Provided that where the donees are more than one, they shall be jointly and severally liable for the amount of tax determined to be payable by the donor:Provided further that the amount of tax which may be recovered from each done shall not exceed the value of the gift made to him as on the date of the gift.

30. Gift-tax to be charged on property gifted

Gift-tax payable in respect of any gift comprising immovable property shall be a first charge on that property but any such charge shall not affect the title of a bona fide purchaser for valuable consideration without notice of the charge.

31. Notice of demand

When any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this Act, the Assessing Officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum so payable.

32. Recovery of tax and penalties

(1)Any amount specified as payable in a notice of demand under section 31 shall be paid within thirty days of the service of the notice at the place and to the person mentioned in the notice:Provided that, where the Assessing Officer has any reason to believe that it will be detrimental to revenue if the full period of thirty days aforesaid is allowed, he may, with the previous approval of the Deputy Commissioner, direct that the sum specified in the notice of demand shall be paid within such period being a period less than the period of thirty days aforesaid, as may be specified by him in the notice of demand.

(2)If the amount specified in any notice of demand under section 3 i is not paid within the period limited under sub-section (1), the assessee shall be liable to pay simple interest at one and one-half per cent, for every month or part of a month comprised in the period commencing from the day immediately following the end of the period mentioned in sub-section(1) and ending with the day on which the amount is paid:Provided that where as a result of an order under section 22, or section 23, or section 24, or section 25, or section 26, or section 28, or section 34, the amount on which interest was payable under this section had been reduced, the interest shall be reduced accordingly and the excess interest paid, if any, shall be refunded:Provided further, that in respect of any period commencing on or before the 31st day of March, 1989, and ending after that date, such interest shall, in respect of so much of such period as falls after that date, be calculated at the rate of one and one-half per cent for every month or part of a month.

(3)Without prejudice to the provisions contained in sub-section (2), on an application made by the assessee before the expiry of the due date under sub-section (1), the Assessing Officer may extend the time for payment or allow payment by instalments subject to such conditions as he may think fit to impose in the circumstances of the case.

(4)If the amount is not paid within the time limited under sub-section (1) or extended under sub-section (3), as the case may be, at the place and to the person mentioned in the said notice, the assessee shall be deemed to be in default.

(5)If, in a case where payment by instalments is allowed under sub-section (3), the assessee commits default in paying any one of the instalments within the time fixed under that sub-section, the assessee shall be deemed to be in default as to the whole of the amount then outstanding, and the other instalment or instalments shall be deemed to have been due on the same date as the instalment actually in default.

(6)Where the assessee has presented an appeal under section 22, the Assessing Officer may in his discretion and subject to such conditions as he may think fit to impose in the circumstances of the case, treat the assessee as not being in default in respect of the amount in dispute in the appeal, even though the time for payment has expired as long as such appeal remains undisposed of.

33. Mode of recovery

The provisions contained in sections 221 to 227, 228A, 229, 231 and 232 of the Income-tax Act and the Second and Third Schedules to that Act and any rules made thereunder shall, so far as may be, apply as if the said provisions were provisions of this Act and referred to gift-tax and sums imposed by way of penalty, fine and interest under this Act instead of to income-tax and sums imposed by way of penalty, fine and interest under that Act and to the corresponding gift-tax authorities instead of to the income-tax authorities specified therein.Explanation I.-Any reference to sub-section (2) or sub-section (6) of section 220 of the Income-tax Act in the said provisions of that Act or the rules made thereunder shall be construed as references to sub-sections (2) and (6) respectively of section 32 of this Act.Explanation II.-The Chief Commissioner or Commissioner and the Tax Recovery Officer referred to in the Income-tax Act shall be deemed to be the corresponding gift-tax authorities for the purpose of recovery of gift-tax and sums imposed by way of penalty, fine and interest under this Act.

33A. Refunds

(1)Where, as a result of any order passed in appeal or other proceeding under this Act, refund of any amount becomes due to the assessee, the Assessing Officer shall, except as otherwise provided in this Act, refund the amount to the assessee without his having to make claim in that behalf:Provided that where, by the order aforesaid.-

(a)an assessment is set aside or cancelled and an order of fresh assessment is directed to be made, the refund, if any, shall become due only on the making of such fresh assessment;

(b)the assessment is annulled, the refund shall become due only of the amount, if any, of the tax paid in excess of the tax chargeable on the taxable gifts returned by the assessee.

(2)Where refund of any amount becomes due to the assessee as a result of an order under this Act or under the provisions of sub-section (1) of section 15 after a return has been made under section 13 or section 14 or in response to a notice under clause (i) of sub-section (4) of section 15 and the Assessing Officer is of the opinion, having regard to the fact that,-

(i)a notice has been issued, or is likely to be issued, under sub-section (2) of section 15 in respect of the said return; or

(ii)the order is the subject-matter of an appeal or further proceeding; or

(iii)any other proceeding under this Act is pending;

that the grant of the refund is likely to adversely affect the revenue, the Assessing Officer may, with the previous approval of the Chief Commissioner or Commissioner, withhold the refund till such time as the Chief Commissioner or Commissioner may determine.

(3)Where a refund is due to the assessee in pursuance of an order referred to in subsection (1) and the Assessing Officer does not grant the refund within a period of six months from the date of such order, 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 six months aforesaid to the date on which the refund is granted.

(3A)Where the whole or any part of the refund referred to in sub-section (3) is due to an 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 other proceeding under this Act to be in excess of the amount which such assessee is liable to pay as tax or penalty, as the case may be, under this Act, the Central Government shall pay to such assessee simple interest at the rate specified in subsection (3) on the amount so found to be in excess from the date on which such amount was paid to the date on which the refund is granted:Provided that, where the amount so found to be in excess was paid in instalments, such interest shall be payable on the amount of each such instalment or any part of such instalment which was in excess, from the date on which such instalment was paid to the date on which the refund is granted:Provided further that no interest under this sub-section shall be payable for a period of one month from the date of the passing of the order in appeal or other proceeding :Provided also that, where interest is payable to an assessee under this sub-section, no interest under sub-section (3) shall be payable to him in respect of the amount so found to be in excess.

(4)Where a refund is withheld under the provisions of sub-section (2), the Central Government shall pay interest at the aforesaid rate on the amount of refund ultimately determined to be due as a result of the appeal or further proceedings for a period commencing after the expiry of six months from the date of the order referred to in that sub-section to the date the refund is granted.

(4A)The provisions of sub-sections (3), (3 A) and (4) shall not apply in respect of any assessment for the assessment year commencing on the 1st day of April, 1989, or any subsequent assessment year.

(4B)

(a)Where refund of any amount becomes due to the assessee under this Act, he shall, subject to the provisions of this sub-section, be entitled to receive, in addition to the said amount, simple interest thereon calculated at the rate of one per cent, for every month or part of a month comprised in the period or periods from the date or, as the case may be, dates of payment of the tax or penalty to the date on which the refund is granted.

Explanation.-For the purposes of this clause, "date of payment of the tax or penalty" means the date on and from which the amount of tax or penalty specified in the notice of demand issued under section 31 is paid in excess of such demand.

(b)If the proceedings resulting in the refund are delayed for reasons attributable to the assessee, whether wholly or in part, period of the delay so attributable to him shall be excluded from the period for which interest is payable, and where any question arises as to the period to be excluded, it shall be decided by the Chief Commissioner or Commissioner whose decision thereon shall be final.

(c)Where as a result of an order under sub-section (3) or sub-section (5) of section 15 or section 16 or section 22 or section 23 or section 24 or section 26 or section 28 or section 34 the amount on which the interest was payable under clause (a) has been increased or reduced, as the case may be, interest shall be increased or reduced accordingly, and, in a case where the interest is reduced, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the amount of the excess interest paid and requiring him to pay such amount; and such notice of demand shall be deemed to be a notice under section 31 and the provisions of this Act shall apply accordingly.

(d)The provisions of this sub-section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1989, and subsequent assessment years.

(5)Where under any of the provisions of this Act, a refund is found to be due to any person, the Assessing Officer, Deputy Commissioner (Appeals), Commissioner (Appeals) or Chief Commissioner or Commissioner, as the case may be, may, in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this Act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section.

34. Rectification of mistakes

(1)With a view to rectifying any mistake apparent from the record-

(a)The Assessing Officer may amend any order of assessment or of refund or any other order passed by him;

(aa)a gift-tax authority may amend any intimation sent by it under sub-section (1) of section 15 or enhance or reduce the amount of refund granted by it under that sub-section;

(b)the Deputy Director or Deputy Commissioner or Director or Commissioner or Deputy Commissioner (Appeals) or Commissioner ( Appeals) may amend any order passed by him under section 17A;

(c)the Deputy Commissioner (Appeals) or Commissioner (Appeals) may amend any order passed by him under Section 22 ;

(d)the Commissioner may amend any order passed by him under section 24;

(e)the Appellate Tribunal may amend any order passed by it under section 23 or section 25.

(2)Subject to other provisions of this section, the authority concerned-

(a)may make an amendment under sub-section (1) of its own motion; and

(b)shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is the 6Deputy Commissioner (Appeals) or the Commissioner (Appeals) or the Appellate Tribunal by the Assessing Officer also.

(3)An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard.

(4)Where an amendment is made under this section, an order shall be passed in writing by the gift-tax authority concerned.

(5)Subject to the provisions of sub-section (2) of section 33A, where any such amendment has the effect of reducing the assessment, the Assessing Officer shall make any refund which may be due to such assessee.

(6)Where any such amendment has the effect of enhancing the assessment or reducing are fund already made, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 31 and the provisions of this Act shall apply accordingly.

(7)No amendment under this section shall be made after the expiry of four years from the end of the financial year in which the order sought to be amended was passed.