Amendment of Chapter XIII

Section 27 of the Finance Act, 1967 deals with amendment of Chapter XIII. Amendment of Chapter XIII 27. In Chapter XIII of the Income-tax Act, under the sub-heading 'B-Jurisdiction",— (1) in section 121, for sub-section (2), the following sub section shall be substituted, namely:— "(2) Where any directions issued under sub-section (1) have assigned to two or more Commissi The Act was enacted on 05 Aug 1967.

Amendment of Chapter XIII

27. In Chapter XIII of the Income-tax Act, under the sub-heading 'B-Jurisdiction",—

(1) in section 121, for sub-section (2), the following sub section shall be substituted, namely:—

"(2) Where any directions issued under sub-section (1) have assigned to two or more Commissioners, the same area or the same persons or classes of persons or the same incomes or classes of income or the same cases or classes of cases, they shall have concurrent jurisdiction and shall perform such functions in relation to the said area or persons or classes of persons or incomes or classes of income or cases or classes of cases as the Board may, by general or special order in writing, specify, for the distribution and allocation of the work to be performed.";

(2) for section 123, the following section shall be substituted, namely:—

"123. Jurisdiction of Inspecting Assistant Commissioners—(1) Inspecting Assistant Commissioners shall perform their functions in respect of such areas or of such persons or classes of persons or of such incomes or classes of income or of such cases or classes of cases as the Commissioner may direct.

(2) Where any directions issued under sub-section (1) have assigned to two or more Inspecting Assistant Commissioners, the same area or the same persons or classes of persons or the same incomes or classes of income or the same cases or classes of cases, they shall have concurrent jurisdiction and shall perform such functions in relation to the said area or persons or classes of persons or incomes or classes of income or cases or classes of cases as the Commissioner may, by general or special order in writing, specify, for the distribution and allocation of the work to be performed.";

(3) in section 124,—

(i) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:—

"(1) Income-tax Officers shall perform their functions in respect of such areas or of such persons or classes of persons or of such incomes or classes of income or of such cases or classes of cases as the Commissioner may direct.

(2) Where any directions issued under sub-section (1) have assigned to two or more Income-tax Officers, the same area or the same persons or Glasses of persons or the same incomes or classes of income or the same case or classes of cases, they shall have concurrent jurisdiction and shall perform such functions in relation to the said area, or persons or classes of persons or incomes or classes of income or cases or classes of cases as the Commissioner, or the Inspecting Assistant Commissioner authorised by him in this behalf, may, by general or special order in writing, specify, for the distribution and allocation of the work; to be performed.";

(ii) in sub-section (7), after the words "this section", the words figures and letter "or in section 130A" shall be inserted;

(4) for section 125, the following, section shall be substituted, namely:—

"125. Powers of Commissioner respecting specified areas, cases persons, etc.—(1)_: The Commissioner may, by general or special order in writing, direct that—

(a) the powers conferred on the Income-tax Officer and the Appellate Assistant Commissioner by or under this Act shall, in respect of any specified case or class of cases, or of any specified: person or class of persons, be exercised by the Inspecting Assistant Commissioner and the commissioner respectively;

(b) such of the functions assigned to the Income-tax Officer, by or under this Act. as are specified in any such order may, in respect of any specified area, case or class of cases, person or class of persons or class of incomes, be performed by an Inspector of Income-tax or any member of the ministerial staff, subordinate to the Commissioner or any other Income-tax authority subordinate to him, and specified in such order, subject to such conditions, restrictions or limitations as may be specified therein;

Provided that the Commissioner shall not unless he is authorised in this behalf by the Board by general or special order in writing, make an order under clause (b) in relation to the functions of an Income-tax Officer mentioned in the following provisions of this Act, namely, sections 131, 131 132A, 140A, 143, 144, 146, 147, 148, 162, 163, 171, 172, 174, 175, 176, 177, 178, 183, 184, 185, 189, 221, 222, 226, 228, 253, and 271 to 274; (both inclusive)

(2) For the purposes of any case or person or proceeding under this Act: in respect of which or whom an order under sub-section (1) applies,—

(a) where such order is made under clause (a) of the said sub-section (1), references in this Act or in any rule made hereunder, to the Income-tax Officer and the Appellate Assistant Commissioner shall be deemed to be references to the Inspecting Assistant Commissioner and the Commissioner, respectively, and,—

(i) any provision of this Act requiring an approval or sanction of the Inspecting Assistant Commissioner shall not apply;

(ii) any appeal which would otherwise have lain to the Appellate Assistant Commissioner shall lie to the Commissioner;

(iii) any appeal which would have lam from an order of the Appellate Assistant Commissioner to the Appellate Tribunal shall lie from the order of the Commissioner;

(b) where such order is made under clause (b) of the said sub-section (1), references in this Act or in any rule made hereunder to the Income-tax Officer shall be deemed to include references to the Inspector of Income- tax or the member of the. ministerial staff specified in such order.";

(5) for section 127, the following section shall, be substituted, namely:—

"127. Power to transfer cases—(1) The Commissioner may, after giving the assessee a reasonable opportunity of being heard in the matter, wherever it is possible to do so, and after recording his reasons for doing so, transfer any case from any Income-tax Officer or Income-tax Officers subordinate to him to any other Income-tax Officer or Income-tax Officers also subordinate to him and, the Board may similarly transfer any case from any Income-tax Officer or Income-tax Officers to any other Income-tax Officer or Income-tax Officers:

Provided that nothing in this sub-section, shall be deemed to require any such opportunity to be given where the transfer is from any Income-tax Officer or Income-tax Officers to any other Income-tax Officer or Income-tax Officers and the offices of all such Income-tax Officers are situated in the same city, locality or place:

Provided further that where any case has been transferred from any Income-tax Officer or Income-tax Officers to two or more Income-tax Officers, the Income-tax Officers to whom the case is so transferred shall have concurrent jurisdiction over the case and shall perform such functions in relation to the said case as the Board or the Commissioner (or any Inspecting Assistant Commissioner authorised by the Commissioner in this behalf) may, by general or special order in writing, specify, for the distribution and allocation of the work to be performed."

(2) The transfer of a case under sub-section (1) may be made at any stage of the proceedings, and shall not render necessary the re-issue of any notice already issued by the Income-tax Officer or Income-tax Officers from whom the case is transferred.

Explanation.—In this section and in sections 121, 123, 124 and 125, the word "case", in relation to any person whose name is specified in any order or direction issued thereunder, means all proceedings under this Act in respect of any year which may be pending on the date of such order or direction or which may have been completed on or before such date and includes also all proceedings under this Act which may be commenced after the date of such order or direction in respect of any year;

(6) for section 128, the following section shall be substituted, namely:—

"128. Functions of Inspectors of income-tax—Inspectors of Income-tax shall perform such functions in the execution of this Act as are assigned to them by the Commissioner by an order, whether made under clause (b) of sub-section (1) of section 125 or otherwise, or by any other Income-tax authority under whom they are appointed to work.";

(7) after section 130, the following section shall be inserted, namely:—

"130A. Income-tax Officer competent to perform any function or functions—In respect of any function to be performed by an Income-tax Officer under any provision of this Act in relation to an assessee, the Income-tax Officer referred to therein shall,—

(a) in a case where only one Income-tax Officer has jurisdiction over such assessee,. be such Income-tax Officer;

(b) in a case where two or more Income-tax Officers have concurrent jurisdiction over such assessee, be the Income-tax Officer empowered to perform such function by the Board or, as the case may be, the Income-tax Officer to whom such function has been assigned by an order of the Commissioner or of the Inspecting Assistant Commissioner authorised by the Commissioner in this behalf.".

[Finance (No.

2) Act, 1967]

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Section 27, The Finance Act, 1967 (Act 20 of 1967).