Sampath Iyengar’s Law of INCOME TAX – 12th Edition 2017 Book : Bharat Publication

CHAPTER XVII

Collection and Recovery of Tax (Contd.)

C.—Advance payment of tax

207. Liability for payment of advance tax

208. Conditions of liability to pay advance tax

209. Computation of advance tax

[209A. Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988]

210. Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer

211. Instalments of advance tax and due dates

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

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

214. Interest payable by Government

215. Interest payable by assessee

216. Interest payable by assessee in case of under-estimate, etc.

217. Interest payable by assessee when no estimate made

218. When assessee deemed to be in default

219. Credit for advance tax

D.—Collection and recovery

220. When tax payable and when assessee deemed in default

221. Penalty payable when tax in default

222. Certificate to Tax Recovery Officer

223. Tax Recovery Officer by whom recovery is to be effected

224. Validity of certificate and cancellation or amendment thereof

225. Stay of proceedings in pursuance of certificate and amendment or cancellation thereof

226. Other modes of recovery

227. Recovery through State Government

[228. Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989]

228A. Recovery of tax in pursuance of agreements with foreign countries

229. Recovery of penalties, fine, interest and other sums

230. Tax clearance certificate

[230A. Omitted by the Finance Act, 2001, w.e.f. 21-6-2001]

[231. Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989]

232. Recovery by suit or under other law not affected

E.—Tax payable under provisional assessment

[233. Omitted by the Taxation Laws (Amendment) Act, 1970, w.e.f.

1-4-1971]

[234. Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989]

F.—Interest chargeable in certain cases

234A. Interest for defaults in furnishing return of income

234B. Interest for defaults in payment of advance tax

234C. Interest for deferment of advance tax

234D. Interest on excess refund

G.—Levy of fee in certain cases

234E. Fee for defaults in furnishing statements

234F. Fee for default in furnishing return of income

CHAPTER XVIII

RELIEF RESPECTING TAX ON DIVIDENDS IN

CERTAIN CASES

[235. Omitted by the Finance (No. 2) Act, 1971, w.e.f. 1-4-1972]

236. Relief to company in respect of dividend paid out of past taxed profits

236A. Relief to certain charitable institutions or funds in respect of certain dividends

CHAPTER XIX

REFUNDS

237. Refunds

238. Person entitled to claim refund in certain special cases

239. Form of claim for refund and limitation

240. Refund on appeal, etc.

[241. Omitted by the Finance Act, 2001, w.e.f. 1-6-2001]

241A. Withholding of refund in certain cases

242. Correctness of assessment not to be questioned

243. Interest on delayed refunds

244. Interest on refund where no claim is needed

244A. Interest on refunds

245. Set off of refunds against tax remaining payable

CHAPTER XIXA

SETTLEMENT OF CASES

245A. Definitions

245B. Income-tax Settlement Commission

245BA. Jurisdiction and powers of Settlement Commission

245BB. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances

245BC. Power of Chairman to transfer cases from one Bench to another

245BD. Decision to be by majority

245C. Application for settlement of cases

245D. Procedure on receipt of an application under section 245C

245DD. Power of Settlement Commission to order provisional attachment to protect revenue

245E. Power of Settlement Commission to reopen completed proceedings

245F. Powers and procedure of Settlement Commission

245G. Inspection, etc., of reports

245H. Power of Settlement Commission to grant immunity from prosecution and penalty

245HA. Abatement of proceeding before Settlement Commission

245HAA. Credit for tax paid in case of abatement of proceedings

245-I. Order of settlement to be conclusive

245J. Recovery of sums due under order of settlement

245K. Bar on subsequent application for settlement

245L. Proceedings before Settlement Commission to be judicial proceedings

[245M. Omitted by the Finance Act, 1987, w.e.f. 1-6-1987]

CHAPTER XIXB

ADVANCE RULINGS

245N. Definitions

245-O. Authority for advance rulings

245-OA. Qualifications, terms and conditions of service of Chairman, Vice-Chairman and Member

245P. Vacancies, etc., not to invalidate proceedings

245Q. Application for advance ruling

245R. Procedure on receipt of application

245RR. Appellate authority not to proceed in certain cases

245S. Applicability of advance ruling

245T. Advance ruling to be void in certain circumstances

245U. Powers of the Authority

245V. Procedure of Authority

CHAPTER XX

APPEALS AND REVISION

A.—Appeals to the Deputy Commissioner (Appeals)

and Commissioner (Appeals)

246. Appealable orders

246A. Appealable orders before Commissioner (Appeals)

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

248. Appeal by person denying liability to deduct tax in certain cases

249. Form of appeal and limitation

250. Procedure in appeal

251. Powers of the Commissioner (Appeals)

B.—Appeals to the Appellate Tribunal

252. Appellate Tribunal

252A. Qualifications, terms and conditions of service of President, Vice-President and Member

253. Appeals to the Appellate Tribunal

254. Orders of Appellate Tribunal

255. Procedure of Appellate Tribunal

C.—Reference to High Court

256. Statement of case to the High Court

257. Statement of cases to Supreme Court in certain cases

258. Power of High Court or Supreme Court to require statement to be amended

259. Case before High Court to be heard by not less than two judges

260. Decision of High Court or Supreme Court on the case stated

CC.—Appeals to High Court

260A. Appeal to High Court

260B. Case before High Court to be heard by not less than two Judges

D.—Appeals to the Supreme Court

261. Appeal to Supreme Court

262. Hearing before Supreme Court

E.—Revision by the Principal Commissioner or Commissioner

263. Revision of orders prejudicial to revenue

264. Revision of other orders

F.—General

265. Tax to be paid notwithstanding reference, etc.

266. Execution for costs awarded by Supreme Court

267. Amendment of assessment on appeal

268. Exclusion of time taken for copy

268A. Filing of appeal or application for reference by income-tax authority

269. Definition of “High Court”

SUBJECT INDEX