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Section 14A – The Gift Tax Act, 1958

The Gift Tax Act, 1958

 

 

14A. RETURN BY WHOM TO BE SIGNED. –

 

1 RETURN BY WHOM TO BE SIGNED. The return made under section 13 or section 14 shall be signed and verified –

 

2 (a) in the case of an individual, – (i) by the individual himself;

 

(ii) where he is absent from India, by the individual or by some person duly authorised by him in this behalf;

 

(iii) where he is mentally incapacitated from attending to his affairs, by his guardian or any other person competent to act on his behalf; and

 

(iv) where, for any other reason, it is not possible for the individual to sign the return, by any person duly authorised by him in this behalf :

 

Provided that in a case referred to in sub-clause (ii) or sub-clause (iv), the person signing the return holds a valid power of attorney from the individual to do so, which shall be attached to the return;

 

(b) in the case of a Hindu undivided family, by the Karta, and, where the Karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family;

 

3(c) in the case of a company, by the managing director thereof or where for any unavoidable reason such managing director is not able to sign and verify the return, or where there is no managing director, by any director thereof :

 

Provided that where the company is not resident in India, the return may be signed and verified by a person who holds a valid power of attorney from such company to do so, which shall be attached to the return :

 

Provided further that, –

 

(a) where the company is being wound up, whether under the orders of the Court or otherwise, or where any person has been appointed as the receiver of any assets of the company, the return shall be signed and verified by the liquidator referred to in sub-section (1) of section 178 of the Income-tax Act;

 

(b) where the management of the company has been taken over by the Central Government or any State Government under any law, the return of the company shall be signed and verified by the principal officer thereof.

 

(d) in the case of a firm, by the managing partner thereof or where for any unavoidable reason such managing partner is not able to sign and verify the return, or where there is no managing partner as such, by any partner thereof, not being a minor;

 

(e) in the case of any other association, by any member of the association or the principal officer thereof; and

 

(f) in the case of any other person, by that person or by some person

competent to act on his behalf.

 

————

1.  Ins. by Act 53 of 1962, sec. 11 (w.e.f. 1-4-1963).

 

2.  Subs. by Act 4 of 1988, sec. 168 (i) (w.e.f.1-4-1989).

 

3.  Clauses (c) and (d) subs. by Act 41 of 1975, sec. (111) (w.e.f. 1-4-1976).

 

4.  Two provisions by Act 4 of 1988, sec. 168 (ii) (w.e.f. 1-4-1989).

 

 

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The Gift Tax Act, 1958

 

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