Section 22A - Definitions - Wealth Tax Act, 1957

1 CHAPTER VA SETTLEMENT OF CASES 2 [ Definitions. 22A. In this Chapter, unless the context otherwise requires,- (a) Bench means a Bench of the Settlement Commission ; 3 [ (b) case means any proceeding for assessment under this Act, of any person in respect of any assessment year or assessment years which may be pending before an Assessing Officer on the date on which an application under sub-section (1) of section 22C is made: 8 [***] Explanation .- For the purposes of this clause- (i) a proceeding for assessment or reassessment referred to in 9 [section 17 shall, in case where a notice under the said section] is issued but not on the basis of search under section 37A or requisition under section 37B, be deemed to have commenced from the date on which a notice under section 17 is issued; 10 [ (ii) a proceeding for making fresh assessment in pursuance of an order under section 23A or section 24 or section 25, setting aside or cancelling an assessment shall be deemed to have commenced from the date on which such order, setting aside or cancelling an assessment was passed; ] 5 [(iii) a proceeding for assessment or reassessment for any of the assessment years, in consequence of a search initiated under section 37A or requisition made under section 37B, shall be deemed to have commenced on the date of issue of notice initiating such proceedings and concluded on the date on which the assessment is made;] (iv) a proceeding for assessment for an assessment year, other than the proceeding of assessment or reassessment referred to in 11 [clause (i) or clause (ii) or clause (iii)], shall be deemed to have commenced from the 1st day of the assess ment year and concluded on the date on which the assessment is made; ] (c) Chairman means the Chairman of the Settlement Commission ; (d) Member means a Member of the Settlement Commission, and includes the Chairman and a Vice-Chairman ; (e) Settlement Commission means the Income-tax Settlement Commission constituted under section 245B of the Income-tax Act ; (f) Vice-Chairman means a Vice-Chairman of the Settlement Commission 7 [and includes a Member who is senior amongst the Members of a Bench;] ; (g) wealth-tax authority means an income-tax authority specified in section 116 of the Income-tax Act who is treated as a wealth-tax authority under section 8.] ********************* Notes:- 1. Chapter VA consisting of sections 22A, 22B, 22C, 22D, 22E, 22F, 22G, 22H, 22-I, 22J, 22K, 22L and 22M inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976. 2. Substituted vide the following section 22A [which was earlier amended by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978 and the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984] by the Finance Act, 1987, w.e.f. 1-6-1987 : 22A. Definitions. - In this Chapter, unless the context otherwise requires,- ( a ) case means any proceeding under this Act, for the assessment or reassessment of any person in respect of any year or years, or by way of appeal or revision in connection with such assessment or reassessment, which may be pending before a wealth-tax authority on the date on which an application under sub-section (1) of section 22C, is made ; ( b ) wealth-tax authority means a Director of Inspection, a Commissioner, a Commissioner (Appeals), an Appellate Assistant Commissioner, an Inspecting Assistant Commissioner or a Wealth-tax Officer. 3. Substituted vide Finance Act, 2007, w.e.f. 1-6-2007. Before substitution, clause ( b ) read as under : '( b ) case means any proceeding under this Act for the assessment or reassessment of any person in respect of any year or years, or by way of appeal or revision in connection with such assessment or reassessment, which may be pending before any wealth-tax authority on the date on which an application under sub-section (1) of section 22C is made : Provided that where any appeal or application for revision has been preferred after the expiry of the period specified for the filing of such appeal or application for revision under this Act and which has not been admitted, such appeal or revision shall not be deemed to be a proceeding pending within the meaning of this clause ;' 4. In the proviso, clause (iii) has been omitted vide Finance Act, 2010 w.e.f. 01.06.2010, before this it was read as (iii) a proceeding for assessment or reassessment which may be initiated on the basis of a search under section 37A or requisition under section 37B, shall not be a proceeding for assessment for the purposes of this clause. 5. In the Explanation, clause (iii), the has been substituted, vide Finance Act, 2010 w.e.f. 01.06.2010, before this it was read as (iii) a proceeding for assessment or reassessment referred to in clause (iii) of the proviso shall be deemed to have commenced on the date of initiation of the search under section 37A or requisition under section 37B 6. In clause (iv), for the words, brackets and figures or clause (iii) of the proviso , the words, brackets and figures of the proviso or clause (iii) of the Explanation has been substituted vide Finance Act, 2010 w.e.f. 01.06.2010. 7. Inserted by the Finance Act, 2007, w.e.f. 1-6-2007. 8. Omitted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 ,, before it was read as, Provided that- (i) a proceeding for assessment or reassessment under sec tion 17; (ii) a proceeding for making fresh assessment in pursuance of an order under section 23A or section 24 or section 25, set ting aside or cancelling an assessment; (iii) 4 [***] 9. Substituted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 ,, before it was read as, clause (i) of the proviso shall, in case where a notice under section 17 10. Substituted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 ,, before it was read as, (ii) a proceeding for making fresh assessment referred to in clause (ii) of the proviso shall be deemed to have commenced from the date on which the order under section 23A or section 24 or section 25, setting aside or cancelling an assessment was passed; 11. Substituted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 , before it was read as, clause (i) or clause (ii) 6 [of the proviso or clause (iii) of the Explanation]