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Section 22HA – The Wealth-Tax Act, 1957

The Wealth-Tax Act, 1957

 

 

22HA. Abatement of the proceedings before Settlement Commission. —

 

1[2[22HA. Abatement of the proceedings before Settlement Commission. — (1) Where—

 

(i) an application made under section 22C on or after the 1st day of June, 2007 has been rejected under sub-section (1) of section 22D; or

 

(ii) an application made under section 22C has not been allowed to be proceeded with under sub-section (2A) or further proceeded with under sub-section (2D) of section 22D; or

 

(iii) an application made under section 22C has been declared as invalid under sub-section (2C) of section 22D; or

 

(iv) in respect of any other application made under section 22C, an order under sub-section (4) of section 22D has not been passed within the time or period specified under sub-section (4A) of section 22D, the proceedings before the Settlement Commission shall abate on the specified date.

 

Explanation. —For the purposes of this sub-section, “specified date” means—

 

(a) in respect of an application referred to in clause (i), the date on which the application was rejected;

 

(b) in respect of an application referred to in clause (ii), the 31st day of July, 2007;

 

(c) in respect of an application referred to in clause (iii), the last day of the month in which the application was declared invalid;

 

(d) in respect of an application referred to in clause (iv), on the date on which the time or period specified in sub-section (4A) of section 22D expires.

 

(2) Where a proceeding before the Settlement Commission abates, the Assessing Officer, or, as the case may be, any other wealth-tax authority before whom the proceeding at the time of making the application was pending, shall dispose of the case in accordance with the provisions of this Act as if no application under section 22C had been made.

 

(3) For the purposes of sub-section (2), the Assessing Officer, or, as the case may be, other wealth-tax authority, shall be entitled to use all the material and other information produced by the assessee before the Settlement Commission or the results of the inquiry held or evidence recorded by the Settlement Commission in the course of the proceedings before it, as if such material, information, inquiry and evidence had been produced before the Assessing Officer or other wealth-tax authority or held or recorded by him in the course of the proceedings before him.

 

(4) For the purposes of the time-limit under sections 17A, 32, and 35 and for the purposes of payment of interest under section 34A, in case referred to in sub-section (2), the period commencing on and from the date of a application to the Settlement Commission under section 22C and ending with “specified date” referred to in sub-section (1) shall be excluded.] ]

 

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

 

2. Ins. by Finance Act, 2007, sec. 91 (w.e.f. 1-6-2007). Earlier section 22HA relating to “Power of Settlement Commission to send a case back to the Wealth-tax Officer if the assessee does not co-operate” was inserted by Act 11 of 1987, sec. 85 (w.e.f. 1-6-1987) and was amended by Act 4 of 1988, sec. 127 (w.e.f. 1-4-1988) and was omitted by Act 20 of 2002, sec. 113 (w.e.f. 1-6-2002).

 

 

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The Wealth-Tax Act, 1957

 

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