THE WEALTH-TAX ACT, 1957

SECTION WISE INDEX

 

CHAPTER I

 

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      Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

[8AA   Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

[8B      Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

9          Control of wealth-tax authorities

[9A      Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

10        Instructions to subordinate authorities

[10A    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    Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

[11AA Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

[11B    Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

[12       Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

12A     Appointment of Valuation Officers

[13       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    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 IVA

SPECIAL PROVISION FOR AVOIDING REPETITIVE APPEALS

 

 

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

 

CHAPTER IVB

CHARGE OF ADDITIONAL WEALTH-TAX IN CERTAIN CASES

 

 

18D     Additional wealth-tax

 

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 association 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

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 Assessing Officer if the assessee does not co-operate

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 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 enhan-cement 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       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

34ACCFurnishing 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

35EEEContravention 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       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

 

SCHEDULES

 

SCHEDULE I

Rates of wealth-tax

 

[SCHEDULE II

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

 

SCHEDULE III

Rules for determining the value of assets

 

Part A

GENERAL

 

Rule No.

1          Value of assets how to be determined

2          Definitions

 

Part B

IMMOVABLE PROPERTY

 

Rule No.

3          Valuation of immovable property

4          Net maintainable rent how to be computed

5          Gross maintainable rent how to be computed

6          Adjustments to value arrived at under rule 3, for unbuilt area of plot of land

7          Adjustment for unearned increase in the value of the land

8          Rule 3 not to apply in certain cases

 

Part C

SHARES IN OR DEBENTURES OF COMPANIES

 

 

[9 to 13           Omitted by the Finance Act, 1992, w.e.f. 1-4-1993]

 

Part D

ASSETS OF BUSINESS

 

14        Global valuation of assets of business

 

Part E

INTEREST IN FIRM OR ASSOCIATION OF PERSONS

 

 

15        Valuation of interest in firm or association of persons

 

16        Computation of net wealth of the firm or association and its allocation amongst the partners or members

 

Part F

LIFE INTEREST

 

17        Valuation of life interest

 

Part G

JEWELLERY

 

 

18        Valuation of jewellery

19        Adjustment in value of jewellery for subsequent assessment years

 

Part H

RESIDUARY

 

20        Valuation of assets in other cases

21        Restrictive covenants to be ignored in determining market value