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TMI BlogFifth ScheduleX X X X Extracts X X X X X X X X Extracts X X X X ..... classes of persons or the same incomes or classes of income, they shall perform their functions in accordance with any orders which the Board may make for the distribution and allocation of the work to be performed. . 6. Section 125.-- (a) in sub-section (1), in clause (a), omit and the Appellate Assistant Commissioner and and the Commissioner respectively ; (b) in sub-section (2), for clause (a), substitute - (a) where such order is made under clause (a) of the said sub-section (1), references in this Act or in any rule made thereunder to the Income-tax Officer shall be deemed to be references to the Inspecting Assistant Commissioner and any provision of this Act requiring approval or sanction of the Inspecting Assistant Commissioner shall not apply; . 7. Section 125A. - For sub-section (4), substitute - (4) Where an order is made under sub-section (1) and the Inspecting Assistant Commissioner exercise the powers or performs the functions of an Income-tax Officer in relation to any area, or persons or classes of persons, or incomes or classes of income, or cases or classes of cases, references in this Act or in any rule made thereunder to the Income-tax Officer shall be construed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, being a domestic company, where the assessee denies its liability to be assessed under this Act or any order of assessment under sub-section (3) of section 143 or section 144, and the assessee objects to the amount of income assessed or to the amount of tax determined or to the amount of loss computed or to the status under which it is assessed, and the amount of income so assessed or the amount of loss so computed exceeds five lakh rupees; (f) an order of assessment under sub-section (3) of section 143 or section 144 made on the basis of directions issued by the Inspecting Assistant Commissioner under section 144B; (g) an order imposing a penalty under clause (c) of sub-section (1) of section 271 where such penalty has been imposed with the previous approval of the Inspecting Assistant Commissioner under the proviso to clause (iii) of sub-section (1) of that section; (h) an order made by an Inspecting Assistant Commissioner imposing a penalty under section 272A; (i) an order made by an Income-tax Officer under the provisions of this Act in the case of such persons or classes of persons as the Board may, having regard to the nature of the cases, the complexities involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 957 1. Section 2 - After clause (g), insert (gg) Commissioner (Appeals) means a person empowered to exercise the functions of a Commissioner of Wealth-tax (Appeals) under section 9A; . 2. Section 8AA. - For sub-section (4), substitute - (4) Where an order is made under sub-section (1) and the Inspecting Assistant Commissioner exercises the powers or performs the functions of a Wealth-tax Officer in respect of any case or person or proceeding, references in this Act or in any rule made thereunder to the Wealth-tax Officer shall be construed as references to the Inspecting Assistant Commissioner and any provision of this Act requiring approval or sanction of the Inspecting Assistant Commissioner shall not apply. . 3. After section 9, insert - 9A. Commissioners of Wealth-tax (Appeals). - The Board may empower as many persons as it thinks fit to exercise under this Act the functions of a Commissioner of Wealth-tax (Appeals), and on being so empowered the Commissioners (Appeals) shall perform their functions in respect of such areas or such persons or such classes of persons as the Board may direct, and where such directions have assigned to two or more Commissioners (Appeals) the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the nature of the cases, the complexities involved and other relevant considerations, direct, may appeal to the Commissioner (Appeals) against the assessment or order, as the case may be, in the prescribed form and verified in the prescribed manner. (1B) Every appeal against any assessment or order referred to in sub-section (1A) is pending immediately before the appointed day before an Appellate Assistant Commissioner or a Commissioner and any matter arising out of or connected with such appeals and which is so pending shall stand transferred on that day to the Commissioner (Appeals) and the Commissioner (Appeals) may proceed with the appeals or matter from the stage at which it was on that day : Provided that the appellant may demand that before proceeding further with the appeal or matter previous proceeding or any part thereof be reopened or that he be re-heard. Explanation : In this sub-section, appointed day means the date appointed under section 39 of the Finance (No. I) Act, 1977. ; (c) in sub-sections (2), (2A), (3), (4), (5), (5A), (5B) and (6), after Appellate Assistant Commissioner , wherever it occurs, insert or, at the case may be, the Commissioner (Appeals) ; (d) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners of Gift-tax (Appeals). - The Board may empower as many persons as it thinks fit to exercise under this Act the functions of a Commissioner of Gift-tax (Appeals), and on being so empowered the Commissioners (Appeals) shall perform their functions in respect of such areas or such persons or such classes of persons as the Board may direct, and where such directions have assigned to two or more Commissioners (Appeals) the same areas or the same persons or the same classes of persons they shall perform their functions in accordance with such orders as the Board may make for the distribution and allocation of the work to be performed. . 4. Section 12, sub-section (1). - For the Appellate Assistant Commissioner of Gift-tax , substitute the Commissioner (Appeals) or the Appellate Assistant Commissioner . 5. Section 17. - (a) in sub-section (1), after Appellate Assistant Commissioner, , insert Commissioner (Appeals), ; (b) in sub-section (4), for Commissioner or the Appellate Tribunal , substitute a Commissioner (Appeals), a Commissioner or the Appellate Tribunal . 6. Section 17A. - After an Inspecting Assistant Commissioner , wherever it occurs, insert or a Commissioner (Appeals) . 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeding or any part thereof be reopened or that he be re-heard. Explanation : In this sub-section appointed day means the date appointed under section 39 of the Finance (No. 2) Act, 1977. ; (c) in sub-sections (2), (3), (4), (5), (5A), (5B) and (6), after Appellate Assistant Commissioner , wherever it occurs, insert or, as the case may be, the Commissioner (Appeals) . 9. Section 23. - (a) in sub-section (1), after the Appellate Assistant Commissioner , insert or the Commissioner (Appeals) and in the same sub-section, omit or to an order passed by the Inspecting Assistant Commissioner under section 17A ; (b) in sub-section (2), after Appellate Assistant Commissioner , insert or a Commissioner (Appeals) ; (c) in sub-section (2A), after Appellate Assistant Commissioner, , at both the places where it occurs, insert or the Commissioner (Appeals) . 10. Section 24, proviso to sub-section (1). - (a) in clause (a), after Appellate Assistant Commissioner , insert or to the Commissioner (Appeals) and for in the case of the Appellate Tribunal substitute in the case of an appeal to the Commissioner (Appeals) or to the Appellate Tribunal ; (b) in clause (b), after subject of an appeal , inse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out the Act [except in sub-section (1) of section 3 and section 20], for Appellate Assistant Commissioner (except where it is preceded by an ), substitute Commissioner (Appeals) , and for an Appellate Assistant Commissioner , substitute a Commissioner (Appeals) . 2. Section 3, sub-section (1). - For Additional Commissioner of Income-tax Appellate Assistant Commissioner of Income-tax , substitute Commissioner of Income-tax (Appeals), Additional Commissioner of Income-tax . 3. After section 15, insert. - 15A. Transfer of certain pending appeals. - Every appeal under this Act which is pending immediately before the appointed day before an Appellate Assistant Commissioner or a Commissioner and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on that day to the Commissioner (Appeals) and the Commissioner (Appeals) may proceed with such appeal or matter from the stage at which it was on that day : Provided that the appellant may demand that before proceeding further with the appeal or matter the previous proceeding or any part thereof be reopened or that he be re-heard. Explanation : In this section, appointed day means the date appo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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