Section 7. _

(4) The Commissioner shall not revise any order ~ n d e r this section in the following cases- (a) where an appeal against the order lies to the Appellate Assistant Commissioner or to the Appellate Tribunal but 6as not been made and the time within which such appeal may be made has not expired, or, in the case of an appeal to the Appellate Tribunal, the ,assessee has not waived his right of appeal; or (b) where the order is pending on an appeal before[the ] Appellate Assisjtant C~nlmissioner; or (c) where the order has been made the subject of an appeal to the Appellate Tribunal. (7) Subject to the provisions of this Act, in hearing and making an order on any appeal under this section, the Appellate Tribunal shall exercise the same powers and follow the same'procedure as it ' 1 Super Projits `Tax-` Rectifica- , 14. `(1)` With a view to ~ectifying any mistake apparent from the tion of mistakes. record, the Commissiuaer, the Income-tax Officer, the AppeXate Assistant Commissioner and the Appellate Tribunal may, of his, or I its, own motion or on an application by the assessee in this behalf, amend any order passed by him or it in any proceeding under this I I Act within four years of the date on which such order was passed. 1 (2) An amendment which has the effect of enhancing the assessI ment or reducing a refund or otherwise increasing the liability of the assessee shall not be made under this section unless the authoI rity concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. (3) Where an amendment is made under this section, the order shall be passed in writing by the authority concerned. (5) Every application by- an aoocoscc for revision under this - section shall be accompanied by a fee of twenty-five rupees. Expla7u;lt{on 1.-An order by the Commissioner declining to interfere shall, for thc purposes of tliis section, be deemed not to be an order prejudicial to the assessee. Explanation 2.-For the purposes of this section, the Appellate Assistant Commissioner shall be deemed to be an authority subordinate to the Commissioner. `I` + I 4 - -- - - I OF 19631 Super Profits TUX 3 45 - > ". - . -. - * - - * - - ". . -. - * - - * - - ". .-- `19.-` The pxovisions.of the f oil ow&^^^ sections and ~chedul&- of >h< Income-tax Act shall apply with such modifications, if any, as may of provi- sions `of` be prescribed, as if the said provisions were provisions `GE` this Act Act 43 of and referred to super profits tax instead of to income-tax and sups- 1961. tax:I - of >h< >h< ~~z?l.i,c,atio~~~ of provi- sions 2(44), 131 to 138 (both inclusive), 140, 156, 160, 161, 162, 163, 166, 167, 170, 173, 175, 176, 178, 179, 220 to 229 (both inclusive), 231, 232, 233, 237 to 245 (both inclusive), 254 to 262 cboth inclusive), 265 to 269 (both inclusive), 281, 282, 284, 286 to 293 (both i,iclusive), the Second Schedule and the Third Schedule: Provided that references in the said provisions to the "assessee" shall be construed as references to an assessee as defined in this Act. (2) The Commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously. (3) In the case of an application for revision under this section by the assessee, the application shall be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier : I Provided thah the Commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period. (6) An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the prescribed manner and, shall, except in the case of an appeal referred to in sub-section (2) or R meinorandum of cross-objections referred to in sub-section ( 4 ) , `be` accompanied by a fee of rupees one hundred. 7. `(1)` For the purposes of making an assessment under this Act, Assess- the Income-tax Officer may serve on any person who has made a ments. return under sub-section (I) of section `'6` or upon whom a notice has been served under sub-section (2') of section 6 (whether a return has been made or not) a notice requiring him on a date therein t,o be specified, to produce or cause to be produced such accounts or documents or evidence as the Income-tax Officer may require for the purposes of this Act and may from time to time serve further notices requiring the prduchion `of` guch -furbher accounts or ,dacu- ~nents or other evidence as he may require. Super Profits Tax `[ACT` 14 . . .. -..~ -..:.--.--.-..--* . . . . , . .. . . --- .-.<\n".% ... -;""- . . . . vd66cUmenn @) `-T.h~p---~ncome~a-X-~.~~ffieer;...--a-ftep-.-` 'or evidefic6, .if Biiy, .as .consfderi2n.g--,- bbT-is$a 57d'i;'r such-. m-$..et$ -.aeeou.nfs o*7.' . (1) and after taking into account any relevant material which he has gathered, shall, by an order in writing, assess the chargeable profits ar,d the amount of the super profits tax payable on the basis of such assessment or, if there is a deficiency, the amount of that deficiency. Provi8. (1) The Income-tax Officer, before proceeding to make an sional assess- assessment under section 7 (in this section referred to as the regular merits. assessment) may, at any time after the expiry of the period allowed under sub-section (1) or sub-section (2) of section 6 for the furnishing of the return and whether the return has or has not been furnished, proceed to make in a summary manner a provisional assessment of the chargeable profits and the amount of the super profits tax payable thereon: Provided that in making any such provisional assessment, the Incorne-tax Officer shall make allowance for any deficiency in relation to any earlier assessment year which under the provisions qof this Act is to be set off against the net chargeable profits for the assessment year in respect of which the provisional assessment is being made, and where such deficiency has not been assessed under, the provisions of sub-section (2) of section 7, he shall estimate the amount thereof to the best of his judgement. falling under clause (b) at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 6, and may proceed to assess or re-assess the amount chargeable to super profits tax, and the provisions of this Act shall, so far as may be, apply as if the notice were a notice issued under that section. 10. If the Income-tax Officer, in the course of any proceedings Penalties. under this Act, is satisfied that any person has, without reasonable cause, failed to furnish the return required under secltion 6, or to produce or cause to be produced the doc~~ments, accounts sr other evidence required by the Income-tax Officer under sub-section (1) of section 7, or has conceaIed the particulars of the chargeable profits or has deliberately furnished inaccurate particulars of such profits, he may direct that such person shall pay, by way of penalty, `in` addition to the am'ount of super profits tax payable, a sum not exceeding- I : 1 ' 93 M. of Law-20 I (2) Every appeal shall be in the preseribed form and shall be verified in the prescribed manner. (3) An appeal shall be presented within thirty days of the following date. that is to say- (a) where the appeal relates to assessment or penalty or fine, the date of service of the notice of demand relating to the assessment or penalty or fine, or (b) in any other case, the date on which the intimation of the order sought to be appealed against is served: Proviried that the Appellate Assistant Commissioner may admit an appeal after'the ex~iration of the said period `if` he is satisfied that the appellant had sufficient cause for not presenting it within that period. ( 4 ) The Appellate Assistant Commissioner shall hear and determine the appeal and, subject to the provisions (of this Act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or a penalty: `E` e l I 1 6 .-- - - - - I - , - - - - . . - Super Profits ~m 7 141 7 .-- - - - - - - - - . . - Provided that an-order enhancing an. assessment oLa penalky-ahall . not be made unless the person affected th~reby has been .given- a - - reasonable opportunity of showing cause against such enhancement. i (2) The Comrnissioner may, il: he objects to any order passed by the Appeiiaie Assistant Commissioner under any provisions of this Act, dircct the Income-tax Officer to appeal to the Appellate Tribunal against the order. (3) Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the Commissioner, as the case may be. (4) The Income-tax Officer or the assessee, as[the case may ][be, ] `cm` receipt of notice that an appeal against the order of the Appellate Assistant Commissioner has been preferred under sub-section (7) sub-section (2) by the other party ma.y, notwithstanding that he? way not have appealed against such order or any part thereof, withjn thirty days of the receipt of the notice, file a mernorandum of cross-objections, verified in the prescribed msnner, against any part of the order of the Appellate Assistant Comrnissioner, and such memorandum shall be disposed of by the Appellate Tribunal. as if it were an appeal presented within the time specified in sub-section (3) ||||SuperProfitsTax|[ACT14|| |---|---|---|---|---|---| ||.|.-|-<br>-|-<br>*w+,..--<br>-..""|---| |-|-||(a)where the personhasfaile& to furni~h~kehe<br>rturn requir-||-:| ||||cd undcr section6,thc amount of super profits tax payable;|thc amount of super profits tax payable;|| ||||(b)in any other case, the amount of super profits tax which|in any other case, the amount of super profits tax which|| ||||would have been avoided if the return made had been accepted||| ||||as correct:||| ||||Provided that the Income-tax Officer shall not impose any penalty||| ||||under this section without the previous authority of the Inspecting|under this section without the previous authority of the Inspecting|| ||||Assistant Commissioner.||| (2) Where at any time before the expiry of the five years referred to in sub-clause (ii) of the proviso to clause (xi) of rule `P` .ol the First Schedule, a company utilises the amount credited by it to the special reserve account under that sub-clause -for a purpose other than- (a) repayment of any moneys borrowed or debt incurred by it for acquisition of capital assets; or Opportu- 11 Nn n r d ~ r imposing a penalty under section 10 shall be made gity of being unless the assessee has 'been given a reasonable opportunity of being heard. heard. Appeals 12. (1) Any person objecting to the amount of super profits tax to the Appellate for which he is liable as assessed by the Income-tax Officer or denyAssistant Commising his liability to be assessed under this Act, or objecting to any sioner. o~nalty or fine imposed by the Income-tax Officer, or to the amount of any deficiency as assessed by the Income-tax OfRcer, or to the amount a.llowed by the Income-tax Officer by way of anv relief under any provisions of this Act, or to any refusal by the Incometax Officer to grant relief or to an order of rectification or amendment having the effect of enhancing the assessment or reducing the refund, or to an order refusing to allow the claim made by the assessee for a rectification under section 14 or amendment under section 15 may appeal to the AppellaXe Assistant Commissioner. . `p.` ! `.e....'` ^ - .. - " '"' ( b) , aoq.uisit.i,oe . ~f .f.a.P&al . . . , , . . . . ~as+pts-..;im . , -~-Zndia , , , . 7 gar - . ithe . ,. . . . . , . . . . . . . . . . . . . . of; its .business,; `or` ' (c) payment of dividends on its preference share capital of any sum exceeding six per cent. of sucli capieal, the exclusion of ten per cent. of the amount of total income oeriginally made under clause (xi) of rule 1 of the First Schedule in computing the chargeable profits of tjhe company shall be deemed to have been wrongly made and the Income-tax Officer may, notwithstanding anything contained in this Act: recompute the chargeable profits of the assessee foy the relevant previous year 2nd make the necessary amendment, and the provisions of section 14 shall, so far as may be, apply thereto, the period of four years specified in sub-section (1) of that section being reckoned from the end cf the previous year in which the amount was so utilised. 16. Notwithstanding anything contained in clause (i) of section Super profits Lax 109 of the Income-tax Act, in computing the distributable income of deductible a cornparby for the purposes of sections 104 and 105 of that Act, the in computing distrisuper profits tax payable by the company for any assessment year butable shall be deductible from the total income of the company for that income assessmerit year. 43 under Act of 1961. (5) The procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to income-tax. 13. (1) Any assessee aggrieved by an order passed by a Com- Appeals lo missioner under section 17, or an order passed by an Appellate Appellate ~ ~ i b ~ ~ d . Assistant Commissioner under any provisions of this Act, may appeal to the Appellate Tribunal against such order. 17. (1) The Commissioner may call for and examine the record Revision of of any proceeding under this Act, and if he considers that any order E,:Esicir passed therein by the Income-tax Officer is erroneous in so far as it to revenue, is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thsreon as 'the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessme~~t and directing a fresh assessment. (2) No order shall be made under sub-section jl j- (a) lo revise an order of re-assessment made under section 9, or (b) after the expiry of two years from the date of the order sought to be revised. (3) Notwithsttanding anything contained in sub-section (2), an order in revision under this section may be passed at any time in the case of ,an order which has been passed in consequence of, or to give eifect to, any findin? or direction contained in an order of :the Appellate Tribunal, the Righ Court or the Supreme Court. Expla.i~ation.-In computing the period of limitation for the purposes of sub-sectionL(2), any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. (5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandurn of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient[cause for not presenting it ] within that period. (5) Where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the Income-tax Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable. Other 15. (1) Where as a result of any order made under section 154 or - section 155 of the Income-tax Act, it is necessary to recompute the chargeable profits determined in any assessment under this Act, the Income-tax Cfiicer may proceed to recompute the chargeable profits, and determine the super profits tax payable or refundable nn the basis of such recomputation and make the necessary amendment and the provisions of section 14 shall, so far as may be, apply thereto, the period of four years specified in sub-section (1) of that section being reckoned from the date of the order passed under the aforesaid sections of the Income-tax Act. . . ~ e v ~ s ~ n - - `-a;t` -.:+.-.,., (-1.) `. ~ ~ ~ e . . . ~ o m m ~ M i i ~ ~ ~ O n e ~ . ~ . a y` -,... ei.the, of- -.~.i.~.o~.-.~ot~ORRRRROrr:..O~- -., . ..----.-. .. . . .. . . . . o~dei*.by-: Commis- &,.; 2.pp 3fc&ii6n `by.` the. 2ss&s*e .for...rev isf on,..c2l2- oT.m-F-re *6F&-.+ f>>a.n :,. sion-. proceeding under this Act which has been taken by an Income-tax Officer or Appellate Assistant Commissioner subordinate to him and may make such inquiry olr cause such inquiry to be made and, subject to the provisions of this Act, may pass such orders' thereon, not being an order prejudicial to the assessee, as he thinks fit. . . . . . -.. [