6
[34. Rectification of mistakes. — (1) With a view to rectifying any mistake apparent from the
record—
(a) the 2
[Assessing Officer] may amend any order of assessment or of refund or any other order
passed by him;
7
[(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;]
8
[(b) the 9
[Joint Director] or 10[Joint 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 11* * *;
(d) the Commissioner may amend any order passed by him under section 24;
1. Ins. by Act 3 of 1989, s. 90 (w.e.f. 1-4-1989).
2. Subs. by Act 4 of 1988, s. 161 for “Gift-tax Officer” (w.e.f. 1-4-1988).
3. Subs. by s. 161, ibid., for “Appellate Assistant Commissioner” (w.e.f. 1-4-1988).
4. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
5. Subs. by Act 4 of 1988, s. 161, for “Commissioner” (w.e.f. 1-4-1988).
6. Subs. by Act 53 of 1962, s. 26, for section 34 (w.e.f. 1-4-1963).
7. Ins. by Act 4 of 1988, s. 181 (w.e.f. 1-4-1989).
8. Subs. by s. 186, ibid., for “clauses (b), (c), (d) and (e)” (w.e.f. 1-4-1989).
9. Subs. by Act 21 of 1998, s. 76, for “Deputy Director” (w.e.f. 1-10-1998).
10. Subs. by s. 76, ibid., for “Deputy Commissioner” (w.e.f. 1-10-1998).
11. The words, figures and letter “or section 22A” omitted by Act 3 of 1989, s. 91 (w.e.f. 1-4-1989).
44
(e) the Appellate Tribunal may amend any order passed by it under section 23 or section 25.]
(2) Subject to the 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 1
[Deputy Commissioner (Appeals)]
2
[or the Commissioner (Appeals)] or the Appellate Tribunal, by the 3
[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 4
[section 33A], where any such amendment has the
effect of reducing the assessment, the 3
[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 a refund
already made, the 3
[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 5
[from the end of the
financial year in which the order sought to be amended was passed].]
35. Prosecution. — (1) If any person fails without reasonable cause,—
(a) to furnish in due time any return of gifts under this Act;
(b) to produce, or cause to be produced, on or before the date mentioned in any notice under
6
* * * sub-section (4) of section 15, such accounts, records and documents as are referred to in the
notice;
7
* * * * *
he shall, on conviction before a magistrate, be punishable with fine which may extend to rupees ten for
every day during which the default continues.
(2) If a person makes a statement in a verification in any return of gift furnished under this Act or in a
verification mentioned in section 22, 23 or 25 which is false, and which he either knows or believes to be
false, or does not believe to be true, he shall, on conviction before a magistrate, be punishable with simple
imprisonment which may extend to one year, or with fine which may extend to rupees one thousand, or
with both.
1. Subs. by Act 4 of 1988, s. 161, for “Appellate Assistant Commissioner” (w.e.f. 1-4-1988).
2. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
3. Subs. by Act 4 of 1988, s. 161, for “Gift-tax Officer” (w.e.f. 1-4-1988).
4. Subs. by Act 5 of 1964, s. 52, for “section 33” (w.e.f. 1-4-1963).
5. Subs. by Act 67 of 1984, s. 76, for “from the date of the order sought to be amended” (w.e.f. 1-10-1984).
6. The words, brackets and figure “sub-section (2)” omitted by Act 41 of 1975, s. 119 (w.e.f. 1-4-1976).
7. Clause (c) omitted by s. 119. ibid, (w.e.f. 1-4-1976).
45
1
[(2A) If a person abets or induces in any manner another person to make and deliver an account,
statement or declaration relating to any gifts chargeable to tax which is false and which he either knows to
be false or does not believe to be true, he shall, on conviction before a magistrate, be punishable with
simple imprisonment which may extend to six months or with fine which may extend to one thousand
rupees, or with both.]
2
[(3) A person shall not be proceeded against for an offence under this Act except with the previous
sanction of the Commissioner or Commissioner (Appeals):
Provided that the Chief Commissioner or, as the case may be, Director General may issue such
instructions or directions to the aforesaid gift-tax authorities as he may deem fit for institution of
proceedings under this sub-section.
(4) Any such offence may, either before or after the institution or proceedings, be compounded by the
Chief Commissioner or Director General.]
3
[
4
[ Explanation 1].—For the purposes of this section, “magistrate” means a presidency magistrate or
a magistrate of the first class.]
5
[Explanation 2.— For the removal of doubts, it is hereby declared that the power of the Board to
issue orders, instructions or directions under this Act shall include and shall be deemed always to have
included the power to issue instructions or directions (including instructions or directions to obtain the
previous approval of the Board) to other gift-tax authorities for the proper composition of offences under
this section.]
6
[35A. Offences by companies. —(1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was in charge of and was responsible
to, the company for the conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act, has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means a body corporate, and includes—
(i) a firm, and
(ii) an association of persons or a body of individuals, whether incorporated or not; and
(b) “director”, in relation to—
(i) a firm, means a partner in the firm,
1. Ins. by Act 53 of 1962, s. 27 (w.e.f. 1-4-1963).
2. Subs. by Act 49 of 1991, s. 90, for sub-sections (3) and (4) (w.e.f. 1-10-1991).
3. Subs. by Act 53 of 1962, s. 27, for Explanation (w.e.f. 1-4-1963).
4. The Explanation renumbered as Explanation 1 thereof by Act 49 of 1991, s. 90 (w.e.f. 1-4-1963).
5. Ins. by s. 90, ibid, (w.r.e.f. 1-4-1958.)
6. Ins. by Act 41 of 1975, s. 120 (w.e.f. 1-10-1975).
46
(ii) an association of persons or a body of individuals means any member controlling the affairs
thereof.
35B. Offences by Hindu undivided families. — (1) Where an offence under this Act has been
committed by a Hindu undivided family, the karta thereof shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render the karta liable to any punishment if
he proves that the offence was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a Hindu undivided family and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part of, any member of the Hindu
undivided family, such member shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
35C. Section 360 of the Code of Criminal Procedure, 1973 and the Probation of Offenders
Act, 1958, not to apply. — Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2
of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an
offence under this Act unless that person is under eighteen years of age.]
1
[35D. Presumption as to culpable mental state. —(1) In any prosecution for any offence under this
Act which requires a culpable mental state on the part of the accused, the court shall presume the
existence of such mental state but it shall be a defence for the accused to prove the fact that he had no
such mental state with respect to the act charged as an offence in that prosecution.
Explanation.—In this sub-section, “culpable mental state” includes intention, motive or knowledge of
a fact, or belief in or reason to believe, a fact.
(2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist
beyond reasonable doubt and not merely when its existence is established by a preponderance of
probability.]
2
[35E. Proof of entries in records or documents. —Entries in the records or other documents in the
custody of a gift-tax authority shall be admitted in evidence in any proceedings for the prosecution of any
person for an offence under this Act, and all such entries may be proved either by the production of the
records or other documents in the custody of the gift-tax authority containing such entries, or by the
production of a copy of the entries certified by the gift-tax authority having custody of the records or
other documents under its signature and stating that it is a true copy of the original entries and that such
original entries are contained in the records or other documents in its custody.]
3
[36. Power regarding discovery, production of evidence, etc. — (1) The 4
[Assessing Officer], the
5
[Deputy Commissioner (Appeals)] 6
[the Commissioner (Appeals)], the 7
[Chief Commissioner or
Commissioner] and the 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 (5 of 1908), when trying a suit in respect of
1. Ins. by Act 46 of 1986, s. 41 (w.e.f. 10-9-1986).
2. Ins. by Act 3 of 1989, s. 92 (w.e.f. 1-4-1989).
3. Subs. by Act 53 of 1962, s. 28, for section 36 (w.e.f. 1-4-1963).
4. Subs. by Act 4 of 1988, s. 161, for “Gift-tax Officer” (w.e.f. 1-4-1988).
5. Subs. by s. 161, ibid., for “Appellate Assistant Commissioner” (w.e.f. 1-4-1988).
6. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
7. Subs. by Act 4 of 1988, s. 161, for “Commissioner” (w.e.f. 1-4-1988).
47
the following matters, namely :—
(a) discovery and inspection;
(b) enforcing the attendance of any person, including any officer of a banking company and
examining him on oath;
(c) compelling the production of books of account and other documents; and
(d) issuing commissions.
1
[(1A) If the Director General or Director or 2
[Joint Director] or 3
[Assistant Director or Deputy
Director] has reason to suspect that any gifts chargeable to tax under this Act have been concealed, or are
likely to be concealed, by any person or class of persons within his jurisdiction, then, for the purposes of
making any inquiry or investigation relating thereto, it shall be competent for him to exercise the powers
conferred under sub-section (1) on the gift-tax authorities referred to in that sub-section, notwithstanding
that no proceedings with respect to such person or class of persons are pending before him or any other
gift-tax authority.]
4
* * * * *]
37. Power to call for information. — 5
[ Where, for the purposes of this Act, it appears necessary for
any gift-tax authority to obtain any statement or information from any person or banking company,]
6
[such gift-tax authority] may serve a notice requiring such person, on or before a date to be therein
specified, to furnish such statement or information on the points specified in the notice, and that person
shall, notwithstanding anything in any law to the contrary, be bound to furnish such statement or
information to 6
[such gift-tax authority]:
Provided that no legal practitioner shall be bound to furnish any statement or information under this
section based on any professional communications made to him otherwise than as permitted by section
126 of the Indian Evidence Act, 1872 (1 of 1872).
38. Effect of transfer of authorities on pending proceedings. — Whenever in respect of any
proceeding under this Act any gift-tax authority ceases to exercise jurisdiction and is succeeded by
another who has and exercises such jurisdiction, the authority so succeeding may continue the proceeding
from the stage at which the proceeding was left by his predecessor:
7
[Provided that the assessee concerned may demand that before the proceeding is so continued the
previous proceeding or any part thereof be reopened or that before any order of assessment is passed
against him, he be reheard.]
8
[39. Computation of period of limitation. — In computing the period of limitation prescribed for
an appeal or an application under this Act, the day on which the order complained of was served and if
the assessee was not furnished with a copy of the order when the notice of the order was served upon him,
the time requisite for obtaining a copy of such order shall be excluded.]
1. Ins. by Act 26 of 1988, s. 70 (w.e.f. 1-6-1988).
2. Subs. by Act 21 of 1998, s. 76, for “Deputy Director” (w.e.f. 1-10-1998).
3. Subs. by s. 76, ibid., for “Assistant Director” (w.e.f. 1-10-1998).
4. Sub-section (2) omitted by Act 4 of 1988, s. 182 (w.e.f. 1-4-1989).
5. Subs. by s. 183, ibid., for “Where, for the purposes of determining the gift-tax payable by any person, it appears necessary for
the Gift-tax Officer to obtain any statement or information from any person” (w.e.f. 1-4-1989).
6. Subs. by s. 183, ibid., for “the Gift-tax Officer” (w.e.f. 1-4-1989).
7. The Proviso added by Act 53 of 1962, s. 29 (w.e.f. 1-4-1963).
8. Subs. by s. 30, ibid., for section 39 (w.e.f. 1-4-1963).
48
40. Service of notice. — (1) A notice or a requisition under this Act may be served on the person
therein named either by post or as if it were a summons issued by a court under the Code of Civil
Procedure, 1908 (5 of 1908).
(2) Any such notice or requisition may, in the case of a firm or a Hindu undivided family, be
addressed to any member of the firm or to the manager or any adult male member of the family, and in
the case of a company or association of persons be addressed to the principal officer thereof.
1
[(3) After a finding of total partition has been recorded by the 2
[Assessing Officer] under section 20
in respect of any Hindu family, notices under this Act in respect of the gifts made by the family, shall be
served on the person who was the last manager of the Hindu family, or if such person is dead, then on all
surviving adults who were members of the Hindu family immediately before the partition.
(4) Where a firm or other association of persons is dissolved, notices under this Act in respect of the
gifts made by the firm or association may be served on any person who was a partner (not being a minor)
or member of the association, as the case may be, immediately before its dissolution.]
[41. Prohibition of disclosure of information.] —Omitted by the Finance Act, 1964 (5 of 1964),
s. 52 (w.e.f. 1-4-1964). Earlier, this section was substituted by the Gift-tax (Amendment) Act, 1962 (53 of
1962), s. 32 (w.e.f. 1-4-1963).
3
[41A. Publication of information respecting assessees. — (1) If the Central Government is of
opinion that it is necessary or expedient in the public interest to publish the names of any assessees and
any other particulars relating to any proceedings 4
[or prosecutions] under this Act in respect of such
assessees, it may cause to be published such names and particulars in such manner as it thinks fit.
5
[(2) No publication under this section shall be made in relation to any penalty imposed under this Act
until the time for presenting an appeal to the 6
[Deputy Commissioner (Appeals)] 7
[or, as the case may be,
the Commissioner (Appeals)] has expired without an appeal having been presented or the appeal, if
presented, has been disposed of.]
Explanation.—In the case of a firm, company or other association of persons, the names of the
partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or
the members of the association, as the case may be, may also be published if, in the opinion of the Central
Government, the circumstances of the case justify it.
41B. Disclosure of information respecting assessees. — Where a person makes an application to
the 8
[Chief Commissioner or Commissioner] in the prescribed form for any information relating to any
assessee in respect of any assessment made under this Act, the 8
[Chief Commissioner or Commissioner]
may, if he is satisfied that it is in the public interest so to do, furnish or cause to be furnished the
information asked for in respect of that assessment only and his decision in this behalf shall be final and
shall not be called in question in any court of law.]
9
[41C. Return of gifts, etc., not to be invalid on certain grounds. — No return of gifts,
assessment, notice, summons or other proceeding, furnished or made or issued or taken or purported to
have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be
invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such
1. Ins. by Act 53 of 1962, s. 31 (w.e.f. 1-4-1963).
2. Subs. by Act 4 of 1988, s. 161, for “Gift-tax Officer” (w.e.f. 1-4-1988).
3. Subs. by Act 5 of 1964, s. 52, for sections 41A and 41B (w.e.f. 1-4-1964).
4. Ins. by Act 41 of 1975, s. 121 (w.e.f. 1-10-1975).
5. Subs. by s. 121, ibid., for sub-section (2) (w.e.f. 1-10-1975).
6. Subs. by Act 4 of 1988, s. 161, for “Appellate Assistant Commissioner” (w.e.f. 1-4-1988).
7. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
8. Subs. by Act 4 of 1988, s. 161, for “Commissioner” (w.e.f. 1-4-1988).
9. Ins. by Act 41 of 1975, s. 122 (w.e.f. 1-10-1975).
49
return of gifts, assessment, notice summons or other proceeding, if such return of gifts, assessment, notice
summons or other proceeding is in substance and effect in conformity with or according to the intent and
purpose of this Act.]
42. Bar of suits in civil court. — No suit shall lie in any civil court to set aside or modify
1
[any proceeding taken or order made] under this Act, and no prosecution, suit or other legal proceedings
shall lie against 2
[the Government or] any officer of the Government for anything in good faith done or
intended to be done under this Act.
3
[43. Appearance before gift-tax authorities by authorised representatives. —An assessee who is
entitled to or required to attend before any gift-tax authority or the Appellate Tribunal in connection with
any proceeding under this Act, except where he is required under this Act to attend in person, may attend
by a person who would be entitled to represent him before any income-tax authority or the Appellate
Tribunal under section 288 of the Income-tax Act.]
4
[43A. Appearance by registered valuer in certain matters. — Any assessee who is entitled or
required to attend before any gift-tax authority or the Appellate Tribunal in connection with any matter
relating to the valuation of any asset, except where he is required under this Act to attend in person, may
attend by a registered valuer.
Explanation.—In this section, “registered valuer” has the same meaning as in clause (oaa) of
section 2 of the Wealth-tax Act, 1957 (27 of 1957).]
44. Agreement for avoidance or relief of double taxation with respect to gift-tax. — 5
[The
Central Government may enter into an agreement with the Government of any reciprocating country—
(a) for the avoidance or relief of double taxation with respect to gift-tax payable under this Act
and under the corresponding law in force in the reciprocating country, or
(b) for exchange of information for the prevention of evasion or avoidance of gift-tax chargeable
under this Act or under the corresponding law in force in that country or investigation of cases of
such evasion or avoidance, or
(c) for recovery of tax under this Act and under the corresponding law in force in that country,
and may, by notification in the Official Gazette, make such provision as may be necessary for
implementing the agreement.]
Explanation.—The expression “reciprocating country” for the purposes of this Act means any country
which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating
country.
6
[44A. Rounding off of taxable gifts. — The amount assessed in accordance with the foregoing
provisions of this Act as being the value of all taxable gifts shall be rounded off to the nearest multiple of
ten rupees and, for this purpose, any part of a rupee consisting of paise shall be ignored and thereafter, if
such amount is not a multiple of ten rupees, then, if the last figure in that amount is five or more, the
amount shall be increased to the next higher amount which is a multiple of ten and, if the last figure is less
than five, the amount shall be reduced to the next lower amount which is a multiple of ten ; and the
1. Subs. by Act 26 of 1988, s. 71, for “any order made” (w.e.f. 1-3-1988).
2. Ins. by Act 5 of 1964, s. 52 (w.e.f. 1-4-1964).
3. Subs. by Act 53 of 1962, s. 34, for section 43 (w.e.f. 1-4-1963).
4. Ins. by Act 45 of 1972, s. 24 (w.e.f. 1-1-1973).
5. Subs. by Act 16 of 1972, s. 54, for the portion beginning with words “The Central Government may” and ending with the
words “for implementing the agreement.” (w.e.f. 1-4-1972).
6. Ins. by Act 42 of 1970, s. 70 (w.e.f. 1-4-1971).
50
amount so rounded off shall be deemed to be the value of all taxable gifts of the assessee for the purposes
of this Act.
44B. Rounding off of tax, etc. — The amount of gift-tax, interest, penalty, fine or any other sum
payable, and the amount of refund due, under the provisions of this Act, shall be rounded off to the
nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then,
if such part is fifty paise or more, it shall be increased to one rupee, and if such part is less than fifty paise,
it shall be ignored.]
45. Act not to apply in certain cases. — 1
[No tax shall be levied under this Act in respect of gifts
made by]—
2
[(a) a company in which the public are substantially interested;
(b) any company to an Indian company in a scheme of amalgamation;]
3
[(e) any institution or fund the income whereof is exempt from income-tax under
4
[section 11 or section 12] of the Income-tax Act.]
5
[Explanation 1.—For the purposes of clause (b), the term “amalgamation” shall have the meaning
assigned to it in clause (1B) of section 2 of the Income-tax Act.]
6
[Explanation 3.—For the removal of doubts, it is hereby declared that the exemption admissible
under clause (e) in relation to gifts made by an institution or fund referred to in that clause shall not be
denied merely on either or both of the following grounds, namely :—
(i) that, subsequent to the gift, any part of the income of the institution or fund has become
chargeable to tax due to non-compliance with any of the provisions of 7
[section 11 or section 12 or
section 12A] of the Income-tax Act ;
(ii) that, under clause (c) of sub-section (1) of section 13 of the Income-tax Act, the exemption
under 8
[section 11 or section 12] of that Act is denied to the institution or fund in relation to any
income arising to it from any investment referred to in clause (h) of sub-section (2) of section 13 of
the said Act where the aggregate of the funds invested by it in a concern referred to in the said
clause (h) does not exceed five per cent. of the capital of that concern.]
46. Power to make rules. — (1) The Board may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this
section may provide for—
(a) the manner in which the value of any property may be determined;
(b) the form in which returns under this Act shall be made and the manner in which they shall be
verified;
(c) the form in which appeals and applications under this Act may be made, and the manner in
which they shall be verified;
1. Subs. by Act 4 of 1988, s. 184, for “The provisions of this Act shall not apply to gifts made by” (w.e.f. 1-4-1989).
2. Subs. by s. 184, ibid., for clause (a), (b), (c), (d) and (da) (w.e.f. 1-4-1989).
3. Subs. by s. 184, ibid., for clause (e) (w.e.f. 1-4-1989).
4. Subs. by Act 16 of 1972, s. 55, for “section 11” (w.e.f. 1-4-1973).
5. Subs. by Act 3 of 1989, s. 93, for Explanations 1 and 2 (w.e.f. 1-4-1989).
6. Ins. by Act 32 of 1971, s. 37 (w.e.f. 1-4-1972).
7. Subs. by Act 16 of 1972, s. 55, for “section 11” (w.e.f. 1-4-1973).
8. Subs. by s. 55, for “section 11” (w.e.f. 1-4-1973).
51
1
[(cc) the circumstances in which, the conditions subject to which and the manner in which, the
2
[Deputy Commissioner (Appeals)] 3
[or the Commissioner (Appeals)] may permit an appellant to
produce evidence which he did not produce or which he was not allowed to produce before the
4
[Assessing Officer];
(d) the form of any notice of demand under this Act;
(e) the refunds of gift-tax paid in respect of gifts which are revoked on the happening of any
specified event which does not depend on the will of the donor or of any amount paid under section
18;
5
[(ee) the procedure to be followed in calculating interest payable by assessees or interest
payable by the Government to assessees under any provisions of this Act, including the rounding off
of the period for which such interest is to be calculated in cases where such period includes a fraction
of a month, and specifying the circumstances in which and the extent to which petty amounts of
interest payable by assessees may be ignored;]
(f) the areas for which lists of valuers may be drawn up;
(g) any other matter which has to be, or may be, prescribed for the purposes of this Act.
6
[(3) The power to make rules conferred by this section shall include the power to give retrospective
effect, from a date not earlier than the date of commencement of this Act, to the rules or any of them and,
unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect
shall be given to any rule so as to prejudicially affect the interests of assessees.]
7
[(4) The Central Government shall cause every rule made under this Act to be laid as soon as may be
after it is made before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session 8
[or in two or more successive sessions], and if, before the expiry
of the session 9
[immediately following the session or the successive sessions aforesaid] both Houses agree
in making any modification in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however,
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.]
10[46A. Power to make exemption, etc., in relation to certain Union territories. — (1) If the
Central Government considers it necessary or expedient so to do for avoiding any hardship or anomaly or
removing any difficulty that may arise as a result of the application of this Act to the Union territories of
Dadra and Nagar Haveli, Goa, Daman and Diu and Pondicherry, or in the case of the Union territory of
Pondicherry, for implementing any provision of the Treaty of Cession concluded between France and
India on the 28th day of May, 1956, the Central Government may, by general or special order, make an
exemption, reduction in rate or other modification in respect of gift-tax in favour of any class of gifts or in
regard to the whole or any part of the gifts made by any assessee or class of assessees :
1. Ins. by Act 16 of 1972, s. 56, (w.e.f. 1-4-1972).
2. Subs. by Act 4 of 1988, s. 161, for "Appellate Assistant Commissioner" (w.e.f. 1-4-1988).
3. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
4. Subs. by Act 4 of 1988, s. 161, for “Gift-tax Officer” (w.e.f. 1-4-1988).
5. Ins. by Act 42 of 1970, s. 71 (w.e.f. 1-4-1971).
6. Subs. by Act 26 of 1974, s. 19, for sub-section (3) (w.e.f. 18-8-1974).
7. Subs. by Act 53 of 1962, s. 36, for “sub-section (4) (w.e.f. 1-4-1963).
8. Subs. by Act 41 of 1975, s. 123, for “or in two successive sessions” (w.e.f. 1-4-1976).
9. Subs. by s. 123, ibid., for “in which it is so laid or the session immediately following” (w.e.f. 1-4-1976).
10. Ins. by The Taxation Laws (Extension to Union Territories) Regulation, 1963 (3 of 1963), by s. 3 and the Schedule
(w.e.f. 1-4-1963).
52
Provided that the power conferred by this section shall not be exercisable after the 31st day of March,
1967, except for the purpose of rescinding an exemption, reduction or modification already made.]
1
[47. Power to remove difficulties. — (1) If any difficulty arises in giving effect to the provisions of
this Act as amended by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), the Central
Government may, by order, do anything not inconsistent with such provisions for the purpose of
removing the difficulty :
Provided that no such order shall be made after the expiration of three years from the 1st day of April,
1988.
(2) Every order made under sub-section (1) shall be laid before each House of Parliament.]