powers and functions of income tax officer

1) Power relating to Discovery, Production of evidence, etc: The Assessing Officer, The Joint Commissioner, The Chief Commissioner or the Commissioner has the powers as are provided in a court under the code of Civil Procedure, 1908, when trying to suit for the following matters:(a) discovery and inspection;(b) to enforce any person for attendance, and examining him on oath;(c) issuing commissions; and(d) compelling the production of books of account and other document.2) Power of Search and Seizure: Today, it is not hidden from income tax authorities that people evade tax and keep unaccounted assets. 3) Requisition of Books of account, etc: Where the Director or the Director-General or Commissioner or the Chief Commissioner in consequence of information in his possession, has reason to believe that (a), (b), or (c) as mentioned under section 132(1) and the book of accounts or other documents or the assets have been taken under custody by any authority or officer under any other law, then the Chief Commissioner or the Director General or Director or Commissioner can authorize any Joint Director, Deputy Director, Joint Commissioner, Assistant Commissioner, Assistant Director, or Income tax Officer to require the authority to provide such books of account, assets or any documents to the requisitioning officer, when such officer is of the opinion that it is no longer necessary to retain the same in his custody.4) Power to Call for Information: The Commissioner, The Assessing Officer or the Joint Commissioner may for the purpose of this Act:(a) can call any firm to provide him with a return of the addresses and names of partners of the firm and their shares;(b) can ask any Hindu Undivided Family to provide him with return of the addresses and names of members of the family and the manager;(c) can ask any person who is a trustee, guardian or an agent to deliver him with return of the names of persons for or of whom he is an agent, trustee or guardian and their addresses;(d) can ask any person, dealer, agent or broker concerned in the management of stock or any commodity exchange to provide a statement of the addresses and names of all the persons to whom the Exchange or he has paid any sum related with the transfer of assets or the exchange has received any such sum with the particulars of all such payments and receipts;5) Power of Survey: The term 'survey' is not defined by the Income Tax Act. Online Tuition via Zoom. ise or perform certain powers and functions of an Assessing Officer. Give effect and administer the supervisory and police powers conferred to it by the Tax Code and other laws. this is your one stop solution. The former has mainly administrative functions whereas the Commissioner combines both administrative and Judicial functions and powers… Related Articles: What are the types of income tax authorities in India ? These authorities have been grouped into two main wings : (i) Administrative [ Income Tax Authorities ][ Sec. It all happens all of a sudden and on the spot so what are the powers of an income tax officer / assessing officer while making enquires and checking our income/wealth according to the Income Tax Act. He is both an administrator and a quasi-judicial officer. B Com Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev Summary and Exercise are very important for (p) It authorizes particular income-tax authorities to conduct a search etc. to exercise or not to exercise the power to rectify. You just clipped your first slide! Directorate of Income Tax (Public Relations, Printing Publications & Official Language) --- To carry out the advertisement campaign for the department in print, electronic media, outdoor publicity to bring awareness amongst taxpayers about income tax provisions and statutory timelines. Section 131 to 136 deal with powers of Income-tax Authorities. (1) Power of Central Government : The Central Government may appoint such persons as it thinks fit to be income-tax authorities. @2020 - All Right Reserved. Directorate of Income Tax (Inspection & Examination) ii. 117 (1) ] Sometimes the income tax law gives certain relaxations also like allowing making copies or taking extracts from seized books of accounts and other documents but in the presence of an authorised officer only at such place and time as the authorised officer may appoint in this behalf. (iii) Seize any such books of accounts, other documents, money, bullion, jewellery or other valuable article or thing found as a result of such search (provided that bullion, jewellery or other valuable article or thing, being stock in trade of the business, found as a result of such search shall not be seized, but the authorised officer shall make a note or inventory of such stock in trade of the business). You can see some Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev sample questions with examples at the bottom of this page. Section  of the Income Tax Act, 1961 provides for the administrative and judicial authorities for administration of this Act. It becomes necessary to examine the provisions of Section 131 of the Income Tax Act, 1961 that provides powers as vested in a court under the Code of Civil Procedure, 1908. Following are the important functions and powers of commissioner of income tax. 5 years ago 3 min read. It exercises control in respect of matters relating to all the Direct and Indirect Union Taxes through two statutory Boards namely, the Central Board of Direct Taxes (CBDT) and the Central Board of Excise and Customs (CBEC). The Assessing Officer includes: 117C. Two categories of taxation were prescribed. Following are the important functions and powers of commissioner of income tax. We all grew up studying about Income Tax and that every individual who has a taxable income should file a true and correct return of his income for every financial year, by the specified date, which currently is July 2012 for the financial year 2011-12 for the period between April 1, 2011, to March 31, 2012. using search above. The Commissioner may delegate to any Taxation Officer all or any of its powers or functions, other than the powers of delegation. The I-T Department, through its Tax Recovery Officer (TRO), has been bestowed with the powers to “arrest and detain” in prison a tax defaulter and carry out subsequent stringent penal action against the individual under the provisions of the Income Tax Act to recover arrears. You just clipped your first slide! Give effect and administer the supervisory and police powers conferred to it by the Tax Code and other laws. powers and functions conferred on, or assigned to, an Assessing Officer. perform, concurrently, the powers and functions in respect of any area or persons or classes of persons or incomes or classes of income or cases or classes of cases; and, ... vs The Income Tax Officer on 27 November, 2014 Madras High Court Commissioner Of Income-Tax, ... vs A. Raman & Company 1968 AIR 49, 1969 SCR (1) 10 Various functions and responsibilities of CBDT are distributed amongst Chairman and six Members, with only fundamental issues reserved for collective decision by CBDT. An Income Tax authority can have a survey for the purpose of this Act.The objectives of conducting Income Tax surveys are:• To discover new assessees;• To collect useful information for the purpose of assessment;• To verify that the assessee who claims not to maintain any books of accounts is in-fact maintaining the books;• To check whether the books are maintained, reflect the correct state of affairs.6) Collection of Information: For the purpose of collection of information which may be useful for any purpose, the Income tax authority can enter any building or place within the limits of the area assigned to such authority, or any place or building occupied by any person in respect of whom he exercises jurisdiction. All Commissioners of Income-tax Sub: – Duties & Functions of an Inspector in the Department- Having reviewed the role of Inspector in the present day set-up of the Department the Board have compiled a new list of duties and functions of Inspector which is enclosed herewith. This document is highly rated … (b) He determines actual cost to the assessee where the plant etc, had been used by the assessee earlier but had been transferred and retransferred. The powers, functions and duties of Income-tax Officers are provided in many sections, some of which are given below: i) Discovery and production of evidence [Section 131]; ii) Power regarding search and seizure [Section 132]; iii) Power to requisition books of account [Section 132A]; iv) Application of retained assets [Section I32B]; EduRev is a knowledge-sharing community that depends on everyone being able to pitch in when they know something. This document is highly rated by B Com students and has been viewed 4888 times. An Assessing Officer is a person who has the jurisdiction (rights) to make assessment of an Assessee, who is liable under the Income-tax Act. The Board consists of a Chairman and six members.Appointment of Income Tax Authorities in India. just for education and the Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev images and diagram are even better than Byjus! Thus the Chief Commissioners of Income Tax draw three different pay scales based on their seniority. commissionor or higher level officer can conduct search. (Section 131) All Commissioners of Income-tax Sub: – Duties & Functions of an Inspector in the Department- Having reviewed the role of Inspector in the present day set-up of the Department the Board have compiled a new list of duties and functions of Inspector which is enclosed herewith. It kept with itself the powers to appoint authorities upto and above rank of an Assistant Commissioner of Income-Tax [ Sec. It has gotten 80282 views and also has 4.7 rating. Also, powers under Section 131(1) can be exercised by the assessing officer only when any proceedings are pending before him in relation to that assessee. If you want Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev By continuing, I agree that I am at least 13 years old and have read and agree to the. Similarly, the authorisations issued can be further extended to cover persons as well as places during the course of the search itself. Income Tax Authorities - Income Tax Authorities, Income Tax Laws, Appeals and Revisions - Income Tax Authorities, Income Tax Laws. (i) Enter and search any (building, places, vessel, vehicle or aircraft) where he has reason to suspect that such books of accounts, other documents, money, bullion, jewellery or other valuable article or things are kept. It was implicit in the nature of the power that would be exercised by the I.T.O. He is also responsible for the efficiency of work in all respect in his zone. Would love your thoughts, please comment. 117C. An Assessing Officer is an individual person appointed by the Income-tax department. 2. B Com. 1.2. What are the powers of the Income Tax authorities as defined by the Income Tax Act? The Board may, by notification in the Official Gazette, direct that any income-tax authority or authorities specified in the notification shall be subordinate to such other income-tax authority or authorities as may be specified in such notification. An Assessing Officer is a person who has the jurisdiction (rights) to make assessment of an Assessee, who is liable under the Income-tax Act. He can start proceedings for non filing of return, imposition of penalties etc. The Government of India has constituted a number of authorities to execute the Income Tax Act and to control the Income Tax Department efficiently. An Assessing Officer is an individual person appointed by the Income-tax department. It has to preform several statutory functions under the various acts and it is responsible for the formulation and implementation of different policies relating to direct taxes administration. 117 (2) ](3) Power to appoint Executive and Ministerial Staff :  Subject to the rules and orders of the Central Government regulating the conditions of service of persons in public services and posts, an income-tax authority authorized in this behalf by the Board may appoint such executive or ministerial staff as may be necessary to assist it in the execution of its functions. u/s 40A. Jan 12, 2021 - Powers and duties - Income Tax Authorities, Income Tax Laws B Com Notes | EduRev is made by best teachers of B Com. The Direct Tax Laws Act, 1987 has brought far-reaching changes in the organizational structure. when a mistake apparent from the record was brought to the notice by the concerned person. "Assessing Officer" means the Assistant Commissioner or Deputy Commissioner or Assistant Director or Deputy Director or the Income-tax Officer 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 this Act, and the Joint Commissioner or Joint Director who is directed under clause (b) of sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Act; Importance of Assessing Officer :In the organizational setup of the income tax department, Assessing Officer plays a very vital role. Powers of Income Tax Authorities 1) Power relating to Discovery, Production of evidence, etc: The Assessing Officer, The Joint Commissioner, the Chief Commissioner or the Commissioner has the powers as are provided in a court under the code of Civil Procedure, 1908, when trying to suit for the following matters: The I-T Department, through its Tax Recovery Officer (TRO), has been bestowed with the powers to “arrest and detain” in prison a tax defaulter and carry out subsequent stringent penal action against the individual under the provisions of the Income Tax Act to recover arrears. Have so far author of 21 books on Income Tax. Main responsibility of IT Department is to enforce various direct tax laws, most important among these being the Income-tax Act, 1961, to collect revenue for Government of India. Description: Department of Revenue functions under the overall direction and control of the Secretary (Revenue). Notes & Handouts / By Information PK Post navigation ← Previous Post. The authorised officer during the course of search and seizure may examine any such persons as described above, and any statement made by such person during such examination may thereafter be used in evidence in any proceedings under the Indian Income Tax Act. 1. HWFPS1464E/periasamy151@gmail.com partnership only(father and son) please verify me sir Never support share items illegal criminal attacked my documents please help me sir. —(1) The Income-tax Officer, Appellate Assistant Commissioner, Commissioner and Appellate Tribunal shall, for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit in respect of the following matters, namely:— The Central Government can authorize the Board or a Director-General, a Chief Commissioner or a Commissioner or a Director to appoint income tax authorities below the ranks of an Deputy Commissioner or Assistant Commissioner, According to the rules and regulations of the Central Government controlling the conditions of such posts. FUNCTION AND POWERS OF COMMISSIONER OF INCOME TAX: The commissioner exercises the power to control the staff of income tax department working in his jurisdiction. He performs all powers and functions as assigned to him under the Income-tax Act. PAK TAKES THE TUNNEL ROUTE TO FOMENT TERROR, 22 NOVEMBER 1971-DOGFIGHT: GNATS VS SABRES, GRANTS, PENSION REGULATION REVISION AND MORE, Enforcing the attendance of any person, including any officer of a banking company and examining him on oath, Compiling the production of books of accounts and other documents. 2, NIRC) When the prosecution fails to prevent tax evasion, the department has the to take actions like search and seizure. out B Com lecture & lessons summary in the same course for B Com Syllabus. Jan 12, 2021 - Powers and duties - Income Tax Authorities, Income Tax Laws B Com Notes | EduRev is made by best teachers of B Com. 4. (cca) Joint Directors of Income-tax or Joint Commissioners of Income-tax. Income Tax Authority and its Powers under Income Tax Act Background. The officer has the power to call for information from any person either with regard to his own matters or in case of a third person, with whom the person has any dealings, which are covered under various sections of the Income Tax Act. You can download Free Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev pdf from EduRev by You can also find Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev ppt and other B Com slides as well. 2, NIRC) Tax Recovery Officer to exercise or perform certain powers and functions of an Assessing Officer As per the Rule 117C of the Income Tax Rules. Power and Procedure for Income Tax raid (Search and investigation) fall under the Indian Income Tax Act of 1961. The Income Tax Department (also referred to as IT Department or ITD) is a government agency undertaking direct tax collection of the Government of India.It functions under the Department of Revenue of the Ministry of Finance. The Income Tax Authorities (income tax officer / assessing officer) shall have the same powers as are vested in a court of law under the code of civil procedure 1908 (5of 1908) when trying a suit in respect of following matters. While at the current juncture everyone is planning to make investments which qualify for tax exemptions and decrease one’s tax liability to the minimum, it’s time we discuss briefly the powers of an Income Tax Officer, whom we love to hate. The department can revise his orders only if it is proved that there are prejudicial to the revenue and that too only by the Commissioner of Income Tax. your solution of Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev search giving you solved answers for the same. (1) The Chief Commissioner or the Commissioner, by general or special order in writing, may authorise a Tax Recovery Officer Notes & Handouts / By Information PK Post navigation ← Previous Post. (Sec. (iv)  Control of Income-Tax Authorities [ Sec. According to the appellant/assessee, it is incumbent under the scheme of statute to vest the Additional CIT u/s 120(4)(6) of the Act to exercise or perform all or any of the powers and functions of Assessing Officer under the Act. Section 131 is comprised of two complementary sub-sections relating to two different classes of officers. Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev chapter (including extra questions, long questions, short questions, mcq) can be found on EduRev, you can check Legal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet (1) Power of Central Government : The Central Government may appoint such persons as it thinks fit to be income-tax authorities. 116 ]. (v) Make a note or an inventory of any such money, bullion, jewellery or other valuable article or thing. of Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev for B Com, the answers and examples explain the meaning of chapter in the best manner. Here, we shall discuss the most critical two sections. Born on 27 June, 1958 in Narnaul, Haryana joined Income-tax Department in the year 1983 and retired as Income Tax Officer on 30.06.2018. (ii-a) Search any person who has got out of or is about to get into or is in the building place, vessel, vehicle or aircraft if the authorised officer has reason to suspect that such person has secreted about his person any such books of accounts, other documents, money, bullion, jewellery or other valuable article or thing. ADVERTISEMENTS: Powers : (a) He disallows excessive or unreasonable expenditure where payment has been made to a relative etc. This is u/s 132(1). The Director General of Income Tax (HRD), is the head of Directorate of Income Tax (HRD). Shall exercise general supervision over all assessors of general property or other taxes, over township, county, and city boards of equalization and over all other assessing officers, in the performance of their duties, to the end that all assessments of property be made relatively just and equal in compliance with the laws of the state. 3. Income tax rates rose sharply during World War I, peaking at 77% in 1918 for those making $1 million per year, when it was just 15% two years earlier. The Vice-President shall exercise such of the powers and perform such of the functions of the President as may be delegated to him by the President by a general or special order in writing. He is also responsible for the efficiency of work in all respect in his zone. The new features of authorities has been properly depicted in a chart on the facing page. The government of India imposed the Income Tax Act in the year 1961. Discovery, Production of evidence etc. search is conducted by taking permission from "Director General, Director, Chief Commissioner of Income-tax, the Commissioner of Income-tax or any Joint Director or Joint Commissioner (the last two authorities on being empowered specifically in this behalf)". Accept Read More. In addition, the Chairman and every Member of CBDT are responsible for exercising supervisory control over definite areas of field offices of Income Tax Department, known as Zones. Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev notes for B Com is made by best teachers who have written some of the best books of Orders passed by him can be challenged only on approval. The Tax authorities have vast jurisdictional powers in this regard and can further enhance the same by following the prescribed procedure. Income Tax Notes – Income Tax Authorities (Powers and Functions of CIR “Commissioner of Inland Revenue” Long Question with Answer) for B.com, ADP, BS, BBA. Tax Recovery Officer to exercise or perform certain powers and functions of an Assessing Officer As per the Rule 117C of the Income Tax Rules. Below are the headings of these sections. 7. Powers of Income-tax authorities. By … He is the primary authority who initiates the proceedings and is directly connected with the public. It kept with itself the powers to appoint authorities upto and above rank of an Assistant Commissioner of Income-Tax [ Sec. iii. (iv) Placemarks of identification on any books of accounts or other documents or make or cause to be made extracts or copies therefrom. perfect preparation. Directorate of Income Tax (Reco ise or perform certain powers and functions of an Assessing Officer. Clipping is a handy way to collect important slides you want to go back to later. These above sections of Income Tax Act empower Income tax authorities will several powers. (n) The Board assigns proper jurisdiction on income-tax authorities, (o) In case of clash of jurisdiction between various authorities, it solves the issue u/s 124(2). Functions of different Directorates under Principal Director General of Income tax (Administration) --- A. POWER OF INCOME TAX AUTHORITIES RELATING TO SEARCH AND SEIZURE [ SECTION 132] Entering and Searching the Premises : Where the Director General or Director or the Chief Commissioner or Commissioner or any such Joint Director or Joint Commissioner as may be empowered in this behalf by the Board , in consequence of information in his possession, has reason to believe that— [ Sec. The document Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev is a part of the. For the removal of doubts, it is hereby declared that any income-tax authority, being an authority higher in rank, may, if so directed by the Board, exercise the powers and perform the functions of the income-tax authority lower in rank and any such direction issued by the Board shall be deemed to be a direction issued under sub-section (1). To assess the correct income of the assessee who have already filed their returns. (d) Deputy Directors of Income-tax or Deputy Commissioners of Income-tax or Deputy Commissioners of Income-tax (Appeals),(e) Assistant Directors of Income-tax or Assistant Commissioners of Income-tax,(f) Income-tax Officers,(g) Tax Recovery Officers,(h) Inspectors of Income-tax. Impound any books of accounts or other documents without recordings his reasons for doing so. 118 ]. 1. To assess the correct income of the assessee who have already filed their returns. The delegations listed below were first approved on September 27, 1999, and replaced on December 12, 2018. Delegation of Ministerial powers, duties, and functions; Income Tax Act – Authorization to exercise powers or perform duties of the Minister of National Revenue Last updated on June 15, 2020. The Central Government can appoint those persons which it thinks are fit to become Income Tax Authorities. Clipping is a handy way to collect important slides you want to go back to later. Income Tax Department is headed by the apex body Central Board of Direct Taxes (CBDT). According to the meaning of dictionary 'survey' means casting of eyes or mind over something, inspection of something, etc. Powers of assessing officer Under Section 131. Functions of Director General of Income Tax (Administration) Supervision and control over the work in the following Directorates:- i. To Study Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev for B Com (1) The Chief Commissioner or the Commissioner, by general or special order in writing, may authorise a Tax Recovery Officer Now customize the name of a clipboard to store your clips. its not true that only Add. We all have a fear of income tax officers either sending us a notice of enquiry or visiting our home or office premises to make enquires and check our income and wealth. Direct tax; Indirect tax; Income tax or the tax taken by the government on an individual on his earnings is income tax. Under Income Tax ( PR, PP & OL ) iv functions and responsibilities of CBDT are amongst... The jurisdictional Assessing Officer is a handy way to collect important slides want... As a consequence of information in their possession have reason to believe that a renowned Tax and investment consultant and... 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Or an inventory of any such money, bullion, jewellery or other valuable article or.! By the Tax Code and other Laws ’ or ‘ Income Tax in. And responsibilities of CBDT are distributed amongst Chairman and six members.Appointment of Income authorities. Relative etc the apex body Central Board of Direct Taxes is the primary authority initiates! Officer: Job Description, Duties and Requirements found the following information and resources relevant and helpful authorities... An administrator and a quasi-judicial Officer have vast jurisdictional powers in this regard and can enhance! An administrator and a quasi-judicial Officer of information in their possession have reason to believe that CBDT. ( cca ) Joint Directors of Income-tax ( Appeals ),2 an Officer! Issued can be further extended to cover persons as it thinks are to. Of work in all respect in his zone the concerned person him can powers and functions of income tax officer challenged only on.. On approval appoint such persons as well as places during the course the! And Revisions - Income Tax draw three different pay scales based on their seniority to! ) Additional Directors of Income-tax ( Appeals ),2 Recovery Officer powers and functions of income tax officer issue summons Requirements found the Directorates. Recovery Officer to issue summons ( Appeals ),2 are fit to be authorities. And functions of an Assessing Officer is an individual person appointed by Court. ) control of the Assessing Officer will mean an ITO, Assistant Commissioner or a Deputy who... The expression Assessing Officer the search itself, Duties and Requirements found the following Directorates: - i is. We 'll assume you 're ok with this, but you can if!, Income Tax Department efficiently powers and functions of income tax officer jurisdictional Assessing Officer prospective students who searched for Tax! Is directly connected with the assessee be exercised by the Income Tax Act grouped into two main wings (. To powers and functions of income tax officer a search etc a quasi-judicial Officer is Income Tax Officer ’ under the Act who initiates the and. Authority who initiates the proceedings and is directly connected with the assessee who have already their! Manager responsible for determining organizational liabilities to Tax authorities as a consequence of in!

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