RULE 2: APPLICATION OF THE INCOME TAX SETTLEMENT COMMISSION (PROCEDURE) RULES, 1976


The provisions of the Income-tax Settlement Commission (Procedure) Rules, 1976 (hereinafter referred to as the said rules) shall apply,

so far as may be, to the procedure of the Wealth-tax Settlement Commission constituted under sub-section (1) of Section 22B of the Wealth tax Act, 1957 (27 of 1957)-, subject to the following modifications, namely : -

(i) Modification of Role 2.-ForRule 2of the said rules, the following rule shall be substituted, namely: - "2. Definitions.-In these rules, unless the context otherwise requires,-

(i) "Act" means the Wealth-tax Act, 1957 (27 of 1957)-;

(ii) "applicant" means a person who makes an application to the Commission under sub -section (1) of section 22C-to have a case relating to him settled;

(iii) "authorised representative" means-

(a) in relation to an applicant, except where such applicant is required under any of the provisions of Chapter 5A-of the Act to attend in person, a person who would be entitled to represent him before any Wealth-tax authority or the Appellate Tribunal underSection 44 -;

(b) in relation to a Commissioner, a person-

(i) authorised by the Commissioner in writing; or

(ii) duly appointed by the Central Government by notification in the Official Gazette as authorised representative

(iii)to appear, plead or act for the Commissioner in any proceeding before the Commission;

(iv) "Commission" means the Wealth -tax Settlement Commission constituted under sub -section (1) of Section 22B -;

(v) "Secretary" means the Secretary of the Commission and includes the Deputy Secretary and the Administrative Officer of the Commission;

(vi) "section" means a section of the Act;

(vii) "settlement application" means an application made by a person to the Commission under sub-section (1) of Section 22G-to have his case settled;

(viii) all other words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the

Act."

(ii) Modification of Rule 6.-In Rule 6of the said rules for the words, figures and letter " Section 245D ", the word, figures and letter "Section 22D -" shall be substituted.

(iii) Modification of Rule 7. -For sub-rule (1) of Rule 7of the said rules, the following sub -rule shall be substituted, namely: -

(1) Where an order is passed by the Commission under sub-section (1) of Section 22D -allowing the application to be proceeded with, a notice shall be issued by the Commission to the applicant requiring him to furnish in quintuplicate-

(a) a full and true statement of facts regarding the matters to be settled (including the manner in which any wealth disclosed or proposed to be disclosed by the applicant has been acquired) ; and where the settlement involves determination of net wealth, accompanied with annexures containing-

(i) computation of the net wealth of the applicant for the assessment year or years to which the settlement application relates, in accordance with the provisions of the Act; and

(ii) a detailed statement of assets (movable and immovable) and debts, located in India and outside as on the valuation date;

(b) the terms of settlement sought for by the applicant."

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