Section 146 - Amendment of section 23 - Direct Tax Laws (Amendment) Act, 1987

146. Amendment of section 23. In section 23 of the Wealth-tax Act,- (a) in sub-section (1), - (i) for clause (d), the following clause shall be substituted, namely :- (d) objecting to any penalty imposed by the Assessing Officer under section 18 as it stood immediately before the 1st day of April. 1989 or under section 18 as amended by the Direct Tax Laws (Amendment) Act, 198; ; (ii) clause (i) shall be omitted: (b) In sub-section (1A). for clauses (b), (c) and (d). the following clauses shall be substituted, namely: - (b) objecting to any penalty imposed under clause (c) of sub-section (1) of section 18 as it stood Immediately before the 1st day of April, 1989 in respect of any assessment year commencing on the 1st day of April, 1988 or any earlier assessment year where such penalty has been imposed with the previous approval of the Deputy Commissioner under sub-section (3) of that section; or (c) objecting to any assessment or order referred to in clauses (a) to (h) (both inclusive) of sub-section (1), where such assessment or order has been made by the Deputy Commission- er in exercise of the powers or functions conferred on or assigned to him under section 8 or section 11; or (d) objecting to any penalty imposed by the Deputy Director or the Deputy Commissioner under section 18A. ; (c) for sub-sections (1B) and (1C), the following sub-section shall be substituted, namely :- (1B) Notwithstanding anything contained in sub-section (1), the Board or the Director General or Chief Commissioner or Commissioner if so authorised by the Board, may, by order in writing, transfer any appeal which is pending before a Deputy Commissioner (Appeals) and any matter arising out of or connected with such appeal and which is so pending, to the Commissioner (Appeals) if the Board or, as the case may be, the Director General. Chief Commissioner or Commissioner (at the request of the appellant or otherwise) is satisfied that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations and the Commissioner ( Appeals) may proceed with such appeal or matter from the stage at which it was before it was so transferred: Provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be re-heard; ; (d) in sub-section (2A), the proviso shall be omitted.