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>>WEALTH TAX ACT

 
An Excellent Portal on Indian laws - Laws 4 India

The Wealth-Tax Act, 1957
27 Of 1957
As Amended By The Finance Act, 2002

Chapter I
Preliminary

1. Short title, extent and commencement
2. Definitions

Chapter II
Charge Of Wealth-Tax And Assets Subject To Such Charge

3. Charge of wealth-tax
4. Net wealth to include certain assets
5. Exemptions in respect of certain assets
6. Exclusion of assets and debts outside India
7. Value of assets, how to be determined

Chapter III
Wealth-Tax Authorities

8. Wealth-tax authorities and their jurisdiction
8A. Powers of Commissioner respecting specified areas, cases, persons, etc. - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
8AA.Concurrent jurisdiction of Inspecting Assistant Commissioner and Wealth-tax Officer - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
8B. Power to transfer cases - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
9. Control of wealth-tax authorities
9A. Commissioners of Wealth-tax (Appeals) - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
10. Instructions to subordinate authorities
10A. Directors of Inspection - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
11. Jurisdiction of Assessing Officers and power to transfer cases
11A. Inspector of Wealth-tax - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
11AA. Commissioner competent to perform any function or functions - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
11B. Wealth-tax Officer competent to perform any function or functions - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
12. Control of wealth-tax authorities - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
12A. Appointment of Valuation Officers
13. Wealth-tax authorities to follow orders, etc., of the Board - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
13A. Powers of Director-General or Director, Chief Commissioner or Commissioner and Joint Commissioner to make enquiries

Chapter IV
Assessment

14. Return of wealth
15. Return after due date and amendment of return
15A. Return by whom to be signed
15B. Self-assessment
15C. Provisional assessment - Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
16. Assessment
16A. Reference to Valuation Officer
17. Wealth escaping assessment
17A. Time limit for completion of assessment and reassessment
17B. Interest for defaults in furnishing return of net wealth
18. Penalty for failure to furnish returns, to comply with notices and concealment of assets, etc.
18A. Penalty for failure to answer questions, sign statements, furnish information, allow inspection, etc.
18B. Power to reduce or waive penalty in certain cases

Chapter IV A
Special Provision For Avoiding Repetitive Appeals

18C. Procedure when assessee claims identical question of law is pending before High Court or Supreme Court

Chapter IV B
Charge Of Additional Wealth-Tax In Certain Cases

18D. Additional wealth-tax. - Omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.

Chapter V
Liability To Assessment In Special Cases

19. Tax of deceased person payable by legal representative
19A. Assessment in the case of executors
20. Assessment after partition of a Hindu undivided family
20A. Assessment after partial partition of a Hindu undivided family
21. Assessment when assets are held by courts of wards, administrators-general, etc.
21A. Assessment in cases of diversion of property, or of income from property, held under trust for public charitable or religious purposes
21AA. Assessment when assets are held by certain associations of persons
22. Assessment of persons residing outside India

Chapter VA
Settlement Of Cases

22A. Definitions
22B. Wealth-tax Settlement Commission
22BA. Jurisdiction and powers of Settlement Commission.
22BB. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances.    
22BC.Power of Chairman to transfer cases from one Bench to another.
22BD. Decision to be by majority.
22C. Application for settlement of cases.
22D. Procedure on receipt of an application under section 22C.
22DD. Power of Settlement Commission to order provisional attachment to protect revenue.
22E. Power of Settlement Commission to reopen completed proceedings.
22F.  Powers and procedure of Settlement Commission.
22G. Inspection, etc., of reports.
22H. Powers of Settlement Commission to grant immunity from prosecution.
22HA. Power of Settlement Commission to send a case back to the 133[Assessing] Officer if the assessee does not co-operate - omitted by the Finance Act, 2002, w.e.f. 1st June, 2002.
22-I. Order of settlement to be conclusive.
22J. Recovery of sums due under order of settlement.
22K. Bar on subsequent application for settlement in certain cases.
22L. Proceedings before the Settlement Commission to be judicial proceedings.
22M. Omitted by the Finance Act, 1987, w.e.f. 1-6-1987.

Chapter VI

Appeals , Revisions And References

23. Appeal to the Deputy Commissioner (Appeals) from orders of Assessing Officer.
23A. Appealable orders before Commissioner (Appeals).
24. Appeal to the Appellate Tribunal from orders of the Deputy Commissioner (Appeals).
25. Powers of Commissioner to revise orders of subordinate authorities.
26. Appeal to the Appellate Tribunal from orders of enhancement by Chief Commissioners or Commissioners.
27. Reference to High Court.
27A. Appeal to High Court.
28. Hearing by High Court.
29. Appeal to Supreme Court.
29A. Tax to be paid notwithstanding reference, etc.
29B. Definition of High Court.

Chapter VII
Payment And Recovery Of Wealth-Tax

30. Notice of demand.
31. When tax, etc., payable and when assessee deemed in default.
32. Mode of recovery.
33. Liability of transferees of properties in certain cases.
34. Restrictions on registration of transfers of immovable property in certain cases. - Omitted by the Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965.

Chapter VIIA
Refunds

34A. Refunds.

Chapter VIIB
Registered Valuers

34AA. Appearance by registered valuers.
34AB. Registration of valuers.
34AC. Restrictions on practice as registered valuer.
34ACC. Furnishing of particulars in certain cases.
34AD. Removal from register of names of valuers and restoration.
34AE. Existing registered valuers to apply afresh.

Chapter VIII
Miscellaneous

34B. Transfers to defraud revenue to be void.
34C. Provisional attachment to protect revenue in certain cases.
35. Rectification of mistakes.
35A. Wilful attempt to evade tax, etc.
35B. Failure to furnish returns of net wealth.
35C. Failure to produce accounts, records, etc.
35D. False statement in verification, etc., made under certain provisions of the Act.
35E. False statement in verification mentioned in section 34AB.
35EE. Failure to furnish particulars under section 34ACC.
35EEE. Contravention of order made under second proviso to sub-section (1) or sub-section (3A) of section 37A.
35F. Abetment of false return, etc.
35G. Punishment for second and subsequent offences.
35H. Offences by Hindu undivided families.
35HA. Offences by companies.
35-I Prosecutions to be with the previous sanction of certain wealth-tax authorities and their power to compound offences.
35J. Certain offences to be non-cognizable.
35K. Bar on prosecution and on inadmissibility of evidence in certain circumstances.
35L. Jurisdiction of courts.
35M. Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958, not to apply.
35N. Presumption as to books of account, etc., in certain cases.
35-O. Presumption as to culpable mental state.
36. Proof of entries in records or documents.
36A. Power to tender immunity from prosecution.
37. Power to take evidence on oath, etc.
37A. Power of search and seizure.
37B. Power to requisition books of account, etc.
37C. Application of retained assets.
38. Information, returns and statements.
38A. Powers of Valuation Officer, etc.
39. Effect of transfer of authorities on pending proceedings.
40. Computation of periods of limitation.
41. Service of notice.
42. Prohibition of disclosure of information. - Omitted by the Finance Act, 1964, w.e.f. 1-4-1964.
42A. Publication of information respecting assessees.
42B. Disclosure of information respecting assessees.
42C. Return of wealth, etc., not to be invalid on certain grounds.
43. Bar of jurisdiction.
44. Appearance before wealth-tax authorities by authorised representatives.
44A. Agreement for avoidance or relief of double taxation with respect to wealth-tax.
44B. Countries with which no agreement exists.
44C. Rounding off of net wealth.
44D. Rounding off of tax, etc.
45. Act not to apply in certain cases.
46. Power to make rules.
46A. Power to make exemption, etc., in relation to certain Union territories.
47. Power to remove difficulties.

Schedule I
See section 3(1)

Rates Of Wealth-Tax

Schedule II

Omitted by the Finance Act, 1992, w.e.f. 1-4-1993.

Schedule III
See section 7(1)

RULES FOR DETERMINING THE VALUE OF ASSETS

PART A   - GENERAL
PART B - IMMOVABLE PROPERTY
PART C - Omitted by the Finance Act, 1992, w.e.f. 1-4-1993
PART D - ASSETS OF BUSINESS
PART E - INTEREST IN FIRM OR ASSOCIATION OF PERSONS
PART F - LIFE INTEREST
PART G - JEWELLERY
PART H - RESIDUARY

Appendix
See rule 17

Table of ( 1 / p+d - 1)

Appendix

CERTAIN REMAINING PROVISIONS OF ALLIED ACTS REFERRED TO IN WEALTH-TAX ACT

SECTION 25 OF COMPANIES ACT, 1956 - Power to dispense with “Limited” in name of charitable or other company.
SECTION 85 OF COMPANIES ACT, 1956 - Two kinds of share capital
SECTION 360 OF CODE OF CRIMINAL PROCEDURE, 1973 - Order to release on probation of good conduct or after admonition.
SECTION 126 OF INDIAN EVIDENCE ACT, 1872 - Professional communications.
SECTION 21 OF INDIAN PENAL CODE, 1860 - “Public servant”.
SECTION 193 OF INDIAN PENAL CODE, 1860 - Punishment for false evidence.
SECTION 196 OF INDIAN PENAL CODE, 1860 - Using evidence known to be false.
SECTION 228 OF INDIAN PENAL CODE, 1860 - Intentional insult or interruption to public servant sitting in judicial proceeding.
SECTION 53A OF TRANSFER OF PROPERTY ACT - Part performance.

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