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Section 46 – The Gift Tax Act, 1958

The Gift Tax Act, 1958

 

 

46. POWER TO MAKE RULES. –

 

(1) The Board may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

 

(2) In particular, and without prejudice to the generality of the foregoing power rules made under this section may provide for –

 

(a) the manner in which the value of any property may be determined;

 

(b) the form in which returns under this Act shall be made and the manner

in which they shall be verified;

 

(c) the form in which appeals and applications under this Act may be made, and the manner in which they shall be verified;

 

1[(cc) the circumstances in which, the conditions subject to which and the manner in which, the 2[Deputy Commissioner (Appeals)] 3[or the Commissioner (Appeals)] may permit an appellant to produce evidence which he did not produce or which he was not allowed to produce before the 4[Assessing Officer];

 

(d) the form of any notice of demand under this Act;

 

(e) the refunds of Gift Tax paid in respect of gifts which are revoked on the happening of any specified event which does not depend on the will of the donor or of any amount paid under section 18;

 

5[(ee) the procedure to be followed in calculating interest payable by assessees or interest payable by the Government to assessees under any provisions of this Act, including the rounding off of the period for which such interest is to be calculated in cases where such period includes a fraction of a month, and specifying the circumstances in which and the extent to which petty amounts of interest payable by assessees may be ignored:]

 

(f) the areas for which lists of valuers may be drawn up;

 

(g) any other matter which has to be, or may be, prescribed for the purposes of this Act.

 

6[(3) The power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the rules or any of them and, unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect shall be given to any rule so as to prejudicially affect the interests of assessees.]

 

7[(4) The Central Government shall cause every rule made under this Act to be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 8[or in two or more successive sessions], and, if, before the expiry of the session 9[immediately following the session or the successive sessions aforesaid], both Houses agree in making any modifications in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejdice to the validity of anything previously done under that rule.]

 

————

1. Ins. by Act 16 of 1972, sec. 56 (w.e.f 1-4-1972).

 

2. Subs. by Act 4 of 1988, sec. 161, for “Appellate Assistant Commissioner” (w.e.f. 1-4-1988).

 

3. Ins. by Act 29 of 1977, sec. 39 and Sch. V, Pt. III (w.e.f. 10-7-1978).

 

4. Subs. by Act 4 of 1988, sec. 161, for “Gift Tax Officer” (w.e.f. 1-4-1988).

 

5. Ins. by Act 42 of 1970, sec. 71 (w.e.f. 1-4-1971).

 

6. Subs. by Act 26 of 1974, sec. 17 (w.e.f. 18-8-1974).

 

7. Subs. by Act 53 of 1962, sec. 36 (w.e.f. 1-4-1963).

 

8. Subs. by Act 41 of 1975 , sec. 123 (i), for “or in two successive sessions” (w.e.f. 1-4-1976).

 

9. Subs. by Act 41 of 1975, sec. 123 (ii), for “in which it is so laid or the session immediately following” (w.e.f. 1-4-1976).

 

 

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The Gift Tax Act, 1958

 

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