Clause 129 - Powers of the Board to issue instructions. - Direct Taxes Code, 2010

Powers of the Board to issue instructions. 129. (1) The Board may, from time to time, issue such orders, instructions, directions or circulars to other income-tax authorities as it may consider expedient or necessary for the proper administration of this Code. (2) The Board shall not exercise its powers under sub-section (1) so as to— (a) require any income-tax authority to make a particular assessment or to dispose of a particular case in a particular manner; (b) require the Commissioner of Income-tax (Appeals) to dispose off any matter before it in a particular manner. (3) The Board may, without prejudice to the generality of the provisions of sub-section (1), if it considers expedient or necessary so to do, issue general or special orders in respect of — (a) any class of tax bases or class of cases, explaining the principles, specifying the guidelines or procedures, whether by way of relaxation of any provision of this Code or otherwise, to be followed by other income-tax authorities in the work relating to assessment or collection of revenue including charging of interest or the initiation of proceedings for the imposition of penalties; (b) any case or class of cases, for avoiding genuine hardship, authorising any income-tax authority [other than Commissioner of Income-tax (Appeals)] to admit any application or claim for any exemption, deduction, refund or any other relief under this Code after the expiry of the period specified by or under this Code for making the application or claim and deal with the same on merits in accordance with law; (c) any case or class of cases, relaxing any requirement or conditions contained in this Code in relation to grant of any relief , on fulfilment of the following conditions, namely:— (i) such relaxation is for avoiding genuine hardship; (ii) the reasons for exercise of power have been specified in the order; (iii) the default in complying with such requirement or condition was due to circumstances beyond the control of the assessee; (iv) the assessee has complied with such requirement or condition before the completion of assessment of the financial year for which the relief is claimed; and (v) every order issued under this clause is laid before each House of Parliament. (4) The orders, instructions, directions and circulars issued by the Board under this section shall be binding on all other income-tax authorities and other persons employed in the execution of this Code.