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INCOME TAX AUTHORITIES
BY – CHIRANTAN TIWARI
BA LLB SEC(A) 8TH SEM
ROLL NO. 34
INCOME TAX AUTHORITIES
• The Income Tax Department, also referred to
as IT Department, is a government agency in
charge of monitoring the income tax
collection by the Government of India. It
functions under the Department of Revenue
of the Ministry of Finance.
INCOME TAX AUTHORITIES
SECTION 116
• Central Board of Direct Taxes ( CBDT)
• Directors- General of Income tax or Chief
commissioner of income tax
• Additional directors of income tax or
additional commissioner of income tax
• Joint directors or joint commissioner of
income tax
• Deputy director or deputy commissioner of
income tax
• Assistant directors or assistant commissioner
of income tax
• Income tax officers
• Tax recovery officers
• Inspectors of income tax
CBDT
• The Central Board of Direct Taxes (CBDT) is a part of
Department of Revenue in the Ministry of Finance. The CBDT
provides inputs for policy and planning of direct taxes in India,
and is also responsible for administration of direct tax laws
through the IT Department. The CBDT is a statutory authority
functioning under the Central Board of Revenue Act, 1963.
The officials of the Board in their ex officio capacity also
function as a division of the Ministry dealing with matters
relating to levy and collection of direct taxes. The CBDT is
headed by Chairman and also comprises six members, all of
whom are ex officio Special Secretary to the Government of
India.
• The Chairman and members of the CBDT are selected from
the Indian Revenue Service (IRS), whose members
constitute the top management of the IT Department. The
Chairman and every member of CBDT are responsible for
exercising supervisory control over definite areas of field
offices of IT Department, known as Zones. Various
functions and responsibilities of the CBDT are distributed
amongst Chairman and six members, with only
fundamental issues reserved for collective decision by the
CBDT. The areas for collective decision by the CBDT include
policy regarding discharge of statutory functions of the
CBDT and of the Union Government under the various
direct tax laws. They also include general policy relating to:
• Set up and structure of Income Tax Department;
• Methods and procedures of work of the CBDT;
• Measures for disposal of assessments, collection of taxes,
prevention and detection of tax evasion and tax avoidance;
• Recruitment, training and all other matters relating to service
conditions and career prospects of all personnel of the Income-tax
Department;
• Laying down of targets and fixing of priorities for disposal of
assessments and collection of taxes and other related matters;
• Write off of tax demand exceeding Rs.25 lakhs in each case;
• Policy regarding grant of rewards and appreciation certificates.
• Any other matter, which the Chairman or any Member of the Board,
with the approval of the Chairman, may refer for joint consideration
of the Board
APPOINTMENT OF INCOME TAX
AUTHORITIES SECTION 117
• 1) The Central Government may appoint such persons as it thinks fit
to be income-tax authorities.
• (2) Without prejudice to the provisions of sub-section (1), and
subject to the rules and orders of the Central Government
regulating the conditions of service of persons in public services
and posts, the Central Government may authorise the Board, or a
Director-General, a Chief Commissioner or a Director or a
Commissioner to appoint income-tax authorities below the rank of
an Assistant Commissioner or Deputy Commissioner.
• (3) 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 authorised 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.
CONTROL OF INCOME TAX
AUTHORITIES SECTION 118
• 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.
INSTRUCTIONS TO SUBORDINATE
AUTHORITIES SECTION 119
• 1) The Board may, from time to time, issue such orders, instructions and directions to other income-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 income-tax authority to make a particular assess-ment or to dispose of
a particular case in a particular manner; or
• (b) so as to interfere with the discretion of the 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 115P, 115S, 115WD, 115WE, 115WF,
115WG, 115WH, 115WJ, 115WK, 139, 143, 144, 147, 148, 154, 155, 158BFA, sub-section (1A) of section
201, sections 210, 211, 234A, 234B, 234C, 271 and 273 or otherwise), general or special orders in respect
of any class of incomes or fringe benefits or 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
income-tax authorities in the work relating to assessment or collection of 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 income-tax
authority, not being a Commissioner (Appeals) to admit an application or 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;
• (c) 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 for reasons to be specified
therein, relax any requirement contained in any of the provisions of Chapter IV or Chapter VI-A,
where the assessee has failed to comply with any requirement specified in such provision for
claiming deduction thereunder, subject to the following conditions, namely:
• (i) the default in complying with such requirement was due to circumstances beyond the
control of the assessee; and
• (ii) the assessee has complied with such requirement before the completion of
assessment in relation to the previous year in which such deduction is claimed :
• Provided that the Central Government shall cause every order issued under this clause
to be laid before each House of Parliament.
JURISDICTION OF INCOME TAX
AUTHORITIES SECTION 120
• 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 accordance
with such directions as the Board may issue for the exercise of the
powers and performance of the functions by all or any of those
authorities.
• Explanation. 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).
• (2) The directions of the Board under sub-section (1) may authorise
any other income-tax authority to issue orders in writing for the
exercise of the powers and performance of the functions by all or
any of the other income-tax authorities who are subordinate to it.
• 3) In issuing the directions or orders referred to in sub-sections (1) and (2), the Board or other
income-tax authority authorised by it may have regard to any one or more of the following criteria,
namely :
• (a) territorial area;
• (b) persons or classes of persons;
• (c) incomes or classes of income; and
• (d) cases or classes of cases.
• (4) Without prejudice to the provisions of sub-sections (1) and (2), the Board may, by general or
special order, and subject to such conditions, restrictions or limitations as may be specified therein,
• (a) authorise any Director General or Director to perform such functions of any other
income-tax authority as may be assigned to him by the Board;
• (b) empower the Director General or Chief Commissioner or Commissioner to issue
orders in writing that the powers and functions conferred on, or as the case may be, assigned to,
the Assessing Officer by or under this Act in respect of any specified area or persons or classes of
persons or incomes or classes of income or cases or classes of cases, shall be exercised or
performed by a Joint Commissioner or a Joint Director, and, where any order is made under this
clause, references in any other provision of this Act, or in any rule made thereunder to the
Assessing Officer shall be deemed to be references to such Joint Commissioner or Joint 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.
• (5) The directions and orders referred to in sub-sections (1) and (2) may, wherever
considered necessary or appropriate for the proper management of the work, require
two or more Assessing Officers (whether or not of the same class) to exercise and
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,
where such powers and functions are exercised and performed concurrently by the
Assessing Officers of different classes, any authority lower in rank amongst them
shall exercise the powers and perform the functions as any higher authority
amongst them may direct, and, further, references in any other provision of this Act
or in any rule made there under to the Assessing Officer shall be deemed to be
references to such higher authority and any provision of this Act requiring approval
or sanction of any such authority shall not apply.
• (6) Notwithstanding anything contained in any direction or order issued under this
section, or in section 124, the Board may, by notification in the Official Gazette,
direct that for the purpose of furnishing of the return of income or the doing of any
other act or thing under this Act or any rule made there under by any person or class
of persons, the income-tax authority exercising and performing the powers and
functions in relation to the said person or class of persons shall be such authority as
may be specified in the notification.
•

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Income tax authorities under Income tax act 1961

  • 1. INCOME TAX AUTHORITIES BY – CHIRANTAN TIWARI BA LLB SEC(A) 8TH SEM ROLL NO. 34
  • 2. INCOME TAX AUTHORITIES • The Income Tax Department, also referred to as IT Department, is a government agency in charge of monitoring the income tax collection by the Government of India. It functions under the Department of Revenue of the Ministry of Finance.
  • 3. INCOME TAX AUTHORITIES SECTION 116 • Central Board of Direct Taxes ( CBDT) • Directors- General of Income tax or Chief commissioner of income tax • Additional directors of income tax or additional commissioner of income tax • Joint directors or joint commissioner of income tax • Deputy director or deputy commissioner of income tax
  • 4. • Assistant directors or assistant commissioner of income tax • Income tax officers • Tax recovery officers • Inspectors of income tax
  • 5. CBDT • The Central Board of Direct Taxes (CBDT) is a part of Department of Revenue in the Ministry of Finance. The CBDT provides inputs for policy and planning of direct taxes in India, and is also responsible for administration of direct tax laws through the IT Department. The CBDT is a statutory authority functioning under the Central Board of Revenue Act, 1963. The officials of the Board in their ex officio capacity also function as a division of the Ministry dealing with matters relating to levy and collection of direct taxes. The CBDT is headed by Chairman and also comprises six members, all of whom are ex officio Special Secretary to the Government of India.
  • 6. • The Chairman and members of the CBDT are selected from the Indian Revenue Service (IRS), whose members constitute the top management of the IT Department. The Chairman and every member of CBDT are responsible for exercising supervisory control over definite areas of field offices of IT Department, known as Zones. Various functions and responsibilities of the CBDT are distributed amongst Chairman and six members, with only fundamental issues reserved for collective decision by the CBDT. The areas for collective decision by the CBDT include policy regarding discharge of statutory functions of the CBDT and of the Union Government under the various direct tax laws. They also include general policy relating to:
  • 7. • Set up and structure of Income Tax Department; • Methods and procedures of work of the CBDT; • Measures for disposal of assessments, collection of taxes, prevention and detection of tax evasion and tax avoidance; • Recruitment, training and all other matters relating to service conditions and career prospects of all personnel of the Income-tax Department; • Laying down of targets and fixing of priorities for disposal of assessments and collection of taxes and other related matters; • Write off of tax demand exceeding Rs.25 lakhs in each case; • Policy regarding grant of rewards and appreciation certificates. • Any other matter, which the Chairman or any Member of the Board, with the approval of the Chairman, may refer for joint consideration of the Board
  • 8. APPOINTMENT OF INCOME TAX AUTHORITIES SECTION 117 • 1) The Central Government may appoint such persons as it thinks fit to be income-tax authorities. • (2) Without prejudice to the provisions of sub-section (1), and subject to the rules and orders of the Central Government regulating the conditions of service of persons in public services and posts, the Central Government may authorise the Board, or a Director-General, a Chief Commissioner or a Director or a Commissioner to appoint income-tax authorities below the rank of an Assistant Commissioner or Deputy Commissioner. • (3) 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 authorised 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.
  • 9. CONTROL OF INCOME TAX AUTHORITIES SECTION 118 • 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.
  • 10. INSTRUCTIONS TO SUBORDINATE AUTHORITIES SECTION 119 • 1) The Board may, from time to time, issue such orders, instructions and directions to other income-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 income-tax authority to make a particular assess-ment or to dispose of a particular case in a particular manner; or • (b) so as to interfere with the discretion of the 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 115P, 115S, 115WD, 115WE, 115WF, 115WG, 115WH, 115WJ, 115WK, 139, 143, 144, 147, 148, 154, 155, 158BFA, sub-section (1A) of section 201, sections 210, 211, 234A, 234B, 234C, 271 and 273 or otherwise), general or special orders in respect of any class of incomes or fringe benefits or 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 income-tax authorities in the work relating to assessment or collection of 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;
  • 11. • (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 income-tax authority, not being a Commissioner (Appeals) to admit an application or 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; • (c) 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 for reasons to be specified therein, relax any requirement contained in any of the provisions of Chapter IV or Chapter VI-A, where the assessee has failed to comply with any requirement specified in such provision for claiming deduction thereunder, subject to the following conditions, namely: • (i) the default in complying with such requirement was due to circumstances beyond the control of the assessee; and • (ii) the assessee has complied with such requirement before the completion of assessment in relation to the previous year in which such deduction is claimed : • Provided that the Central Government shall cause every order issued under this clause to be laid before each House of Parliament.
  • 12. JURISDICTION OF INCOME TAX AUTHORITIES SECTION 120 • 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 accordance with such directions as the Board may issue for the exercise of the powers and performance of the functions by all or any of those authorities. • Explanation. 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). • (2) The directions of the Board under sub-section (1) may authorise any other income-tax authority to issue orders in writing for the exercise of the powers and performance of the functions by all or any of the other income-tax authorities who are subordinate to it.
  • 13. • 3) In issuing the directions or orders referred to in sub-sections (1) and (2), the Board or other income-tax authority authorised by it may have regard to any one or more of the following criteria, namely : • (a) territorial area; • (b) persons or classes of persons; • (c) incomes or classes of income; and • (d) cases or classes of cases. • (4) Without prejudice to the provisions of sub-sections (1) and (2), the Board may, by general or special order, and subject to such conditions, restrictions or limitations as may be specified therein, • (a) authorise any Director General or Director to perform such functions of any other income-tax authority as may be assigned to him by the Board; • (b) empower the Director General or Chief Commissioner or Commissioner to issue orders in writing that the powers and functions conferred on, or as the case may be, assigned to, the Assessing Officer by or under this Act in respect of any specified area or persons or classes of persons or incomes or classes of income or cases or classes of cases, shall be exercised or performed by a Joint Commissioner or a Joint Director, and, where any order is made under this clause, references in any other provision of this Act, or in any rule made thereunder to the Assessing Officer shall be deemed to be references to such Joint Commissioner or Joint 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.
  • 14. • (5) The directions and orders referred to in sub-sections (1) and (2) may, wherever considered necessary or appropriate for the proper management of the work, require two or more Assessing Officers (whether or not of the same class) to exercise and 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, where such powers and functions are exercised and performed concurrently by the Assessing Officers of different classes, any authority lower in rank amongst them shall exercise the powers and perform the functions as any higher authority amongst them may direct, and, further, references in any other provision of this Act or in any rule made there under to the Assessing Officer shall be deemed to be references to such higher authority and any provision of this Act requiring approval or sanction of any such authority shall not apply. • (6) Notwithstanding anything contained in any direction or order issued under this section, or in section 124, the Board may, by notification in the Official Gazette, direct that for the purpose of furnishing of the return of income or the doing of any other act or thing under this Act or any rule made there under by any person or class of persons, the income-tax authority exercising and performing the powers and functions in relation to the said person or class of persons shall be such authority as may be specified in the notification. •