1. AO is the first and foremost officer of the Department who comes in contact with the assessee. The Assessing Officer includes: [ Sec. Execution of judgments in all cases decided in its favor by the Court of Tax Appeals and the ordinary courts; and. 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. Discovery, Production of evidence etc. 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. Further, the authorised officer can requisition the services of any police officer as well as an officer of the central government to assist him for all or any of above purposes, and it shall be the duty of every such officer to comply with such requisitions. 1) Income-tax authorities shall exercise all or any of the powers and perform all or any of the functions conferred on or, as the case may be, assigned to such authorities by or under this Act in with such directions as the Board may issue for the exercise of the powers and performance of the The Director General of Income Tax (HRD), is the head of Directorate of Income Tax (HRD). By … 2. EduRev is like a wikipedia He is the primary authority who initiates the proceedings and is directly connected with the public. 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. B Com Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev Summary and Exercise are very important for The Central Board of Direct Taxes is the supreme body in the direct tax set-up. 2, NIRC) your solution of Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev search giving you solved answers for the same. Have so far author of 21 books on Income Tax. 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. 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). 20.1.2 Central Board of Direct Taxes (CBDT): The Central Board of Direct Taxes is a statutory body constituted under the Central Board of Revenue Act, 1963. 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 Give effect and administer the supervisory and police powers conferred to it by the Tax Code and other laws. (1) The Chief Commissioner or the Commissioner, by general or special order in writing, may authorise a Tax Recovery Officer Accept Read More. Online Tuition via Zoom. perfect preparation. According to the meaning of dictionary 'survey' means casting of eyes or mind over something, inspection of something, etc. If you want Income Tax Authorities, Powers and Duties - Income Tax Laws B Com Notes | EduRev (a) the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963),(b) Directors-General of Income-tax or Chief Commissioners of Income-tax,(c) Directors of Income-tax or Commissioners of Income-tax or Commissioners of Income-tax (Appeals),1. 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. He has sweeping powers under various sections of the Act. Functions [ edit ] Chief Commissioners are allotted budgetary targets for collection by the Central Board of Direct Taxes and the targets are divided among the Commissioners of Income Tax … Collection of information; Power of survey; Power to call for information; Power to possess book of accounts; Power of search and seizure; Power related to discover and produce evidences (1) Power of Central Government : The Central Government may appoint such persons as it thinks fit to be income-tax authorities. 3. (v) Make a note or an inventory of any such money, bullion, jewellery or other valuable article or thing. 1. 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. We'll assume you're ok with this, but you can opt-out if you wish. 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. Form the time of filing of return till the assessement is completed he plays a pivotal role . A chief tax officer is a senior corporate financial manager responsible for determining organizational liabilities to tax authorities. Similarly, the authorisations issued can be further extended to cover persons as well as places during the course of the search itself. (Sec. iii. 117C. Tests & Videos, you can search for the same too. 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. 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. 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. 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. Give effect and administer the supervisory and police powers conferred to it by the Tax Code and other laws. Now customize the name of a clipboard to store your clips. Director by whom the powers and functions are to be exercised or performed under such order, and any provision of this Act requiring approval or sanction of the Joint Commissioner shall not apply. 1. (iv) Placemarks of identification on any books of accounts or other documents or make or cause to be made extracts or copies therefrom. Income Tax Authority and its Powers under Income Tax Act Background. Functions of Director General of Income Tax (Administration) Supervision and control over the work in the following Directorates:- i. 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. Directorate of Income Tax (Reco Description: Department of Revenue functions under the overall direction and control of the Secretary (Revenue). Do check out the sample questions It has gotten 80282 views and also has 4.7 rating. Functions of different Directorates under Principal Director General of Income tax (Administration) --- A. 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. 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. Chief Commissioner or Commissioner are administrative heads with a little difference. Section 131 is comprised of two complementary sub-sections relating to two different classes of officers. Section 131(1) empowers the jurisdictional assessing officer to issue summons. 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. Two categories of taxation were prescribed. this is your one stop solution. (iv)  Control of Income-Tax Authorities [ Sec. its not true that only Add. 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. (cca) Joint Directors of Income-tax or Joint Commissioners of Income-tax. 3. 2, NIRC) When the prosecution fails to prevent tax evasion, the department has the to take actions like search and seizure. 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. (1) The Chief Commissioner or the Commissioner, by general or special order in writing, may authorise a Tax Recovery Officer 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— Salute Magazine focuses on matters related to India’s armed forces and covers a range of national security and military issues that are of importance to the defence establishment, the armed and police forces. Thus the Chief Commissioners of Income Tax draw three different pay scales based on their seniority. 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. 116 ]. He is both an administrator and a quasi-judicial officer. This document is highly rated … 117C. 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 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 … (iii) Appointment of Income-Tax Authorities [ Sec. ise or perform certain powers and functions of an Assessing Officer. —(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:— Powers of assessing officer Under Section 131. Section  of the Income Tax Act, 1961 provides for the administrative and judicial authorities for administration of this Act. 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