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THE GIFT-TAX ACT, 1958

Title : THE GIFT-TAX ACT, 1958

Year : 1958



1*[The income-tax authorities specified in section 116 of the Income-tax Act shall be gift-tax authorities for the purposes of this Act and every such authority shall exercise the powers and perform the functions of a gift-tax authority under this Act in respect of any person within his jurisdiction, and for this purpose his jurisdiction under this Act shall be the same as he has under the Income-tax Act by virtue of orders or directions issued under section 120 of that Act (including orders or directions assigning concurrent jurisdiction) or under any other provision of that Act.

Explanation.-For the purposes of this section, the gift-tax authority having jurisdiction in relation to a person who has no income assessable to income-tax under the Income-tax Act shall be the gift-tax authority having jurisdiction in respect of the area in which that person resides.

2[***]

3[***]

4[***]

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1. Substituted by Act 4 of 1988, section 164 w.e.f. 1-4-1988.

2. Section 7A omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 7A was Inserted by Act 53 of 1962, section 5 w.e.f. 1-4-1963 and was Substituted by Act 20 of 1967, section 35 (b) w.e.f. 1-4-1967 and again Substituted by Act 67 of 1984, section 78 w.e.f. 1-10-1984.

3. Section 7AA omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 7AA was Inserted by Act 41 of 1975, section 108 w.e.f. 1-10-1975 and was Substituted by Act 29 of 1977, section 39 and Schedule V. Pt III w.e.f. 10-7-1978.

4. Section 7B omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 7B was Substituted along with section 7A by Act 20 of 1967. section 35 (B) w.e.f. 1-4-1967.

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1*[Section 118 of the Income-tax Act and any notification issued thereunder shall apply in relation to the gift-tax authorities as they apply in relation to the control of the corresponding income-tax authorities, except to the extent to which the Board may, by notification in the Official Gazette, otherwise direct in respect of any gift-tax authority.]

2[***]

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1. Substituted by Act 4 of 1988, section 164 w.e.f. 1-4-1988.

2. Section 8A omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 8A was Inserted by Act 29 of 1977, section 39 and Schedule V. Part II w.e.f. 10-7-1978.

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1*[(1)The Board may, from time to time, issue such orders, instructions and directions to other gift-tax authorities as it may deem fit for the proper administration of this Act, and such authorities and all other persons employed in the execution of this Act shall observe and follow such orders, instructions and directions of the Board:

Provided that no such orders, instructions or directions shall be issued-

(a) So as to require any gift-tax authority to make a particular assessment or to dispose of a particular case in a particular manner; or

(b) So as to interfere with the discretion of the Deputy Commissioner (Appeals) or Commissioner (Appeals) in the exercise of his appellate functions.

(2) Without prejudice to the generality of the foregoing power-

(a) The Board may, if it considers it necessary or expedient so to do, for the purpose of proper and efficient management of the work of assessment and collection of revenue, issue, from time to time (whether by way of relaxation of any of the provisions of sections 2*[13, 14, 15, 16, 16B], 17 and 34 or otherwise), general or special orders in respect of any class of cases, setting forth directions or instructions (not being prejudicial to assessees) as to the guidelines, principles or procedures to be followed by other gift-tax authorities in the work relating to assessment or collection or revenue or the initiation of proceedings for the imposition of penalties and any such order may, if the Board is of opinion that it is necessary in the public interest so to do, be published and circulated in the prescribed manner for general information;

(b) The Board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order, authorise any gift-tax authority, not being a Deputy Commissioner (Appeals) or Commissioner (Appeals) to admit an application or a claim for any exemption, deduction, refund or any other relief under this Act after the expiry of the period specified by or under this Act for making such application or claim and deal with the same on merits in accordance with law.]

3[***]

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1. Substituted by Act 4 of 1988, section 164 w.e.f. 1-4-1988.

2. Substituted by Act 12 of 1990, section 59, for "15, 16" w.e.f. 1-4-1990.

3. Section 9A omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 9A was Inserted by Act 53 of 1962, section 6 w.e.f. 1-4-1963.

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1*[(1) The provisions of sections 124 and 127 of the Income-tax Act shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of the Income-tax Act subject to the modifications specified in sub-section (2).

(2) The modifications referred to in sub-section (1) shall be the following, namely:-

(a) In section 124 of the Income-tax Act,-

(i) In sub-section (3), reference to the provisions of the Income-tax Act shall be construed as references to the corresponding provisions of the Gift-tax Act;

(ii) Sub-section (5) shall be omitted;

(b) In section 127 of the Income-tax Act, in the Explanation below sub-section 2[(4)], references to proceedings under the Income-tax Act shall be construed as including references to proceedings under the Gift-tax Act.]

3[***]

4[***]

5[***]

6[***]

7[***]

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1. Substituted by Act 4 of 1988, section 164 w.e.f. 1-4-1988.

2. Substituted by Act 3 of 1989, section 82, for "(5)" w.r.e.f. 1-4-1988.

3. Section 11 omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 11 was Substituted by Act 53 of 1962, section 7 w.e.f. 1-4-1963 and was again Substituted by Act 20 of 1967, section 35 (c) w.e.f. 1-4-1967.

4. Section 11A omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 11A was Inserted by Act 19 of 1970, section 27 (b) after renumbering the then section 11A as section 11 AA w.e.f. 1-4-1970 and the original section 11A was Inserted by Act 20 of 1967, section 35 (f) w.e.f. 1-4-1967.

5. Section 11AA omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 11AA was Inserted as section 11A by act 20 of 1967, section 35 (f) w.e.f. 1-4-1967 and the original section 11A w.e.f renumbered as section 11AA by Act 19 of 1970, section 27 (b) w.e.f. 1-4-1970.

6. Section 11B Omitted.

7. Section 12 omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988.

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1[***]

11A - Omitted

2[***]

11AA - Omitted

3[***]

11B - Omitted

4[***]


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1. Section 11 omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 11 was Substituted by Act 53 of 1962, section 7 w.e.f. 1-4-1963 and was again Substituted by Act 20 of 1967, section 35 © w.e.f. 1-4-1967.

2. Section 11A omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 11A was Inserted by Act 19 of 1970, section 27 (b) after renumbering the then section 11A as section 11 AA w.e.f. 1-4-1970 and the original section 11A was Inserted by Act 20 of 1967, section 35 (f) w.e.f. 1-4-1967.

3. Section 11AA omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988. Earlier section 11AA was Inserted as section 11A by act 20 of 1967, section 35 (f) w.e.f. 1-4-1967 and the original section 11A w.e.f renumbered as section 11AA by Act 19 of 1970, section 27 (b) w.e.f. 1-4-1970.

4. Section 11B Omitted.

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1[***]


12A - Power of Chief Commissioner or Commissioner and of Deputy Commissioner to make enquiries under this Act

3*[Chief Commissioner or Commissioner] and of 4*[Deputy Commissioner] 2*[The 3*[Chief Commissioner or Commissioner] and the 4*[Deputy Commissioner] shall be competent to make any enquiry under this Act and for this purpose, shall have all the powers that 5*[an Assessing Officer] has under this Act in relation to the making of enquiries.]

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1. Section 12 omitted by Act 4 of 1988, section 165 w.e.f. 1-4-1988.

2. Inserted by Act 53 of 1962, section 9 w.e.f. 1-4-1963.

3. Substituted by Act 4 of 1988, section 161, for "Commissioner of Gift-tax" w.e.f. 1-4-1988.

4. Substituted by Act 4 of 1988,section 161, for "Inspecting Assistant Commissioner of Gift-tax" w.e.f. 1-4-1988.

5. Substituted by Act 4 of 1988, section 161, for "Gift-tax Officer" w.e.f. 1-4-1988.
 
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Last updated on July, 2016

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