Power of Commissioner to grant immunity from penalty
Section 18BA of the Wealth-tax Act, 1957 deals with power of Commissioner to grant immunity from penalty. A person may make an application to the Commissioner for granting immunity from penalty, if— (a) he has made an application for settlement under section 22C and the proceedings for settlement have abated under section 22HA; The Act came into force on 01 Apr 1957.
(1) A person may make an application to the Commissioner for granting immunity from penalty, if—
(a) he has made an application for settlement under section 22C and the proceedings for settlement have abated under section 22HA; and (b) the penalty proceedings have been initiated under this Act.
(2) The application to the Commissioner under sub-section (1) shall not be made after the imposition of penalty after abatement.
(3) The Commissioner may, subject to such conditions as he may think fit to impose, grant to the person immunity from the imposition of any penalty under this Act, if he is satisfied that the person has, after the abatement, co-operated with the wealth-tax authority in the proceedings before him and has made a full and true disclosure of his net wealth and the manner in which such net wealth has been derived.
(4) The immunity granted to a person under sub-section (3) shall stand withdrawn, if such person fails to comply with any condition subject to which the immunity was granted and thereupon the provisions of this Act shall apply as if such immunity had not been granted.
(5) The immunity granted to a person under sub-section (3) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of any proceedings, after abatement, concealed any particulars, material to the assessment, from the wealth-tax authority or had given false evidence, and thereupon such person shall become liable to the imposition of any penalty under this Act to which such person would have been liable, had not such immunity been granted.] [CHAPTER IVA SPECIAL PROVISION FOR AVOIDING REPETITIVE APPEALS
Section 18BA, The Wealth-tax Act, 1957 (Act 27 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 18BA
What does Section 18BA of the Wealth-tax Act deal with?
Section 18BA of the Wealth-tax Act is headed "Power of Commissioner to grant immunity from penalty". A person may make an application to the Commissioner for granting immunity from penalty, if— (a) he has made an application for settlement under section 22C and the proceedings for settlement have abated under section 22HA;
How do I find court cases under Section 18BA of the Wealth-tax Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Wealth Tax Act 18BA, section 18BA Wealth Tax Act, section 18BA of the Wealth-tax Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 18BA of the Wealth-tax Act, and has it changed?
Its own text turns on section 22C (Application for settlement of cases), section 22HA (Abatement of proceedings before Settlement Commission), so none of them can safely be read on its own.
When did Section 18BA of the Wealth-tax Act come into force?
Section 18BA of the Wealth-tax Act, cited as Wealth Tax Act 18BA, came into force on 01 Apr 1957, having been enacted on 12 Sep 1957. It is in force as at the date shown on this page.
Other sections of this Act
- 37A. Power of search and seizure2438 words
- 2. Definitions2369 words
- 4. Net wealth to include certain assets1796 words
- 18. Penalty for failure to furnish returns, to comply with notices and concealment of assets, etc1680 words
- 22D. Procedure on receipt of an application under section 22C1492 words
- 21. Assessment when assets are held by courts of wards, administrators-general, etc1354 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code on the Act's own item (3fd2ecf9-23b2-4ae9-b5fe-a23fd3c0080f). India Code lists this Act but publishes no sections for it, so there was nothing to harvest, only a document to read. This page is not a substitute for legal advice.