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Section 22C – The Wealth-Tax Act, 1957

The Wealth-Tax Act, 1957

 

 

22C. Application for settlement of cases .—

 

1[22C. Application for settlement of cases .— 2[(1) An assessee may, at any stage of a case relating to him, make an application in such form and in such manner as may be prescribed, and containing a full and true disclosure of his wealth which has not been disclosed before the 3[Assessing Officer], the manner in which such wealth has been derived, the additional amount of wealth-tax payable on such wealth and such other particulars as may be prescribed, to the Settlement Commission to have the case settled and any such application shall be disposed of in the manner hereinafter provided:

 

4[Provided that no such application shall be made unless such wealth-tax and the interest thereon, which would have been paid under the provisions of this Act had the wealth declared in the application been declared in the return of wealth before the Assessing Officer on the date of application, has been paid on or before the date of making the application and the proof of such payment is attached with the application.]

 

(1A) For the purposes of sub-section (1) of this section 5[***], the additional amount of wealth-tax payable in respect of the wealth disclosed in an application made under sub-section (1) of this section shall be the amount calculated in accordance with the provisions of sub-sections (1B) to (1D).

 

6[(1B) Where the wealth disclosed in the application relates to only one previous year,—

 

(i) if the applicant has not furnished a return in respect of the net wealth of that year, then, wealth-tax shall be calculated on the wealth disclosed in the application as if such wealth were the net wealth;

 

(ii) if the applicant has furnished a return in respect of the net wealth of that year, wealth-tax shall be calculated on the aggregate of the net wealth returned and the wealth disclosed in the application as if such aggregate were the net wealth.]

 

7[(1C) The additional amount of wealth-tax payable in respect of the wealth disclosed in the application relating to the previous year referred to in sub-section (IB) shall be;

 

(a) in a case referred to in clause (i) of that sub-section, the amount of wealth-tax calculated under that clause;

 

(b) in a case referred to in clause (ii) of that sub-section, the amount of wealth-tax calculated under that clause as reduced by the amount of wealth-tax calculated on the net wealth returned for that year;

8[***]]

(1D) Where the wealth disclosed in the application relates to more than one assessment year, the additional amount of wealth-tax payable in respect of the wealth disclosed for each of the years shall first be calculated in accordance with the provisions of sub-sections (1B) and (1C) and the aggregate of the amount so arrived at in respect of each of the years for which the application has been made under sub-section (1) shall be the additional amount of wealth-tax payable in respect of the wealth disclosed in the application.

 

(1E) Where any books of account or other documents belonging to an assessee are seized under section 37A, the assessee shall not be entitled to make an application under sub-section (e) before the expiry of one hundred and twenty days from the date of the seizure.]

 

(2) Every application made under sub-section (1) shall be accompanied by such fees as may be prescribed.

 

(3) An application made under sub-section (1) shall not be allowed to be withdrawn by the applicant.

 

9[(4) An assessee shall, on the date on which he makes an application under sub-section (1) to the Settlement Commission, also intimate the Assessing Officer in the prescribed manner of having made such application to the said Commission.] ]

 

——————————————–

1. Chapter VA (Containing sections 22A to 22M) ins. by Act 41 of 1975, sec. 93 (w.e.f. 1-4-1976).

 

2. Subs. by Act 67 of 1984, sec. 61, for sub-section (1) (w.e.f. 1-10-1984).

 

3. Subs. by Act 4 of 1988, sec. 127, for “Commissioner” (w.e.f. 1-4-1988).

 

4. Subs. by Finance Act, 2007, sec. 85(i), for the proviso (w.e.f. 1-6-2007). Earlier the proviso was inserted by Act 11 of 1987, sec. 80(i) (w.e.f. 1-6-1987). The proviso, before substitution by Finance Act, 2007, stood as under: “Provided that no such application shall be made unless the assessee has furnished the return of wealth which he is or was required to furnish under any of the provisions of this Act.”.

 

5. The words “and sub-sections (2A) to (2D) of section 22D” omitted by Act 22 of 2007, sec. 85(ii) (w.e.f. 1-6-2007).

 

6. Subs. by Act 22 of 2007, sec. 85(iii), for sub-section (1B) (w.e.f. 1-6-2007). Earlier sub-section (1B) was inserted by Act 67 of 1984, sec. 61 (w.e.f. 1-10-1984) and was substituted by Act 11 of 1987, section 80(ii) (w.e.f. 1-6-1987). Sub-section (1B), before substitution by Act 22 of 2007, stood as under: “(1B) Where the wealth disclosed in the application relates to only one previous year,— (i) if the applicant has not furnished a return in respect of the net wealth of that year (whether or not an assessment has been made in respect of the net wealth of that year), then, except in a case covered by clause (iii),wealth-tax shall be calculated on the wealth disclosed in the application as if such wealth were the net wealh; (ii) if the applicant has furnished a return in respect of the net wealth of that year (whether or not an assessment has been made in pursuance of such return), wealth tax shall be calculated on the aggregate of the net wealth returned and the wealth disclosed in the application as if such aggregate were the net wealth; (iii) if the proceeding pending before the wealth-tax authority is in the nature of a proceeding for reassessment of the applicant under section 17 or by way of appeal or revision in connection with such reassessment, and the applicant has not furnished a return in respect of the net wealth of that year in the course of such proceeding for reassessment, wealth-tax shall be calculated on the aggregate of the net wealth as assessed in the earlier proceeding for assessment under section 16 or section 17 and the wealth disclosed in the application as if such aggregate were the net wealth.”.

 

7. Subs. by Act 11 of 1987, sec. 8(ii) (w.e.f. 1-6-1987). Earlier sub-section (1C) was inserted by Act 67 of 1984, sec. 61 (w.e.f. 1-10-1984).

 

8. Clause (c) omitted by Act 22 of 2007, sec. 85(iv) (w.e.f. 1-6-2007). Clause (c), before omission, stood as under: “(c) in a case referred to in clause (iii) of that sub-section, the amount of wealth-tax calculated under that clause as reduced by the amount of wealth-tax calculated on the net wealth assessed in the earlier proceeding for assessment under section 16 or section 17.”.

 

9. Ins. by Act 22 of 2007, sec. 85(v) (w.e.f. 1-6-2007).

 

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The Wealth-Tax Act, 1957

 

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