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Section 34C – The Wealth-Tax Act, 1957

The Wealth-Tax Act, 1957

 

 

34C. Provisional attachment to protect revenue in certain cases .

 

1[34C. Provisional attachment to protect revenue in certain cases .—(1) Where, during the pendency of any proceeding for the assessment of net wealth or for the assessment or re-assessment of net wealth which has escaped assessment, the 2[Assessing Officer] is of the opinion that for the purpose of protecting the interests of the revenue it is necessary to do, he may, with the previous approval of the 3[Chief Commissioner or Commissioner], by order in writing, attach provisionally any property belonging to the assessee in the manner provided in the Second Schedule to the Income-tax Act as made applicable to this Act by section 32.]

 

4[ Explanation .—For the purposes of this sub-section, the proceedings under sub-section (5) of section 37A shall be deemed to be proceedings for the assessment of any net wealth or for the assessment or reassessment of any net wealth which has escaped assessment.]

 

(2) Every such provisional attachment shall cease to have effect after the expiry of a period of six months from the date of the order made under sub-section (1):

 

Provided that the 3[Chief Commissioner or Commissioner] may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as he thinks fit, so however, that the total period of extension shall not in any case exceed two years:]

 

5[Provided further that where an application for settlement under section 22C is made the period commencing from the date on which such application is made and ending with the date on which an order under sub-section (1) of section 22D is made shall be excluded from the period specified in the preceding proviso.]

 

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1. Sections 34B and 34C subs. by Act 41 of 1975, sec. 98, for section 34B (w.e.f. 1-10-1975). Earlier section 34B was inserted by Act 46 of 1964, sec. 31 (w.e.f. 1-4-1965).

 

2. Subs. by Act 4 of 1988, sec. l27, for “Wealth-tax Officer” (w.e.f. l-4-1988).

 

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

 

4. Ins. by Act 26 of 1988, sec. 62(a) (w.r.e.f. 1-4-1988). 5. Ins. by Act 26 of l988, sec. 62(b) (w.r.e.f. 1-4-1988).

 

 

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The Wealth-Tax Act, 1957

 

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