Section 177 - Insertion of new section 22A - Direct Tax Laws (Amendment) Act, 1987

177. Insertion of new section 22A. After section 22 of the Gift-tax Act, the following section shall be inserted, namely: - . 22A. Application by the assessee in certain cases. (1) Where before furnishing a return of taxable gifts under sub-section (1) of section 13 or section 14 or sub-section (4) of section 15 for any assessment year, any question arises as to whether,- (a) any amount is includible or not in computing the amount of taxable gifts (hereafter in this section referred to as the disputed amount), or (b) any exemption or deduction is admissible or not in computing taxable gifts (hereafter in this section referred to as the disputed deduction), the assessee shall, after furnishing such return, make an application under sub-section (2) : Provided that the assessee,- (i) shall include in such return the disputed amount and shall not claim the disputed deduction; and (ii) shall also pay thirty per cent. of the tax due on the disputed amount and in respect of the amount of disputed deduction. (2) The application under sub-section (1) may be made within thirty days of furnishing the aforesaid return to the Deputy Commissioner (Appeals) or, as the case may be, to the Commissioner (Appeals). (3) For the purpose of disposing of an application under sub-section (1), the Deputy Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals) may- (a) conduct such inquiry or call for such books of account, other documents or information which he deems necessary; or (b) direct the Assessing Officer to conduct such inquiry and furnish the report thereon, and thereafter decide the question raised in the application and pass such orders thereon as he thinks fit. (4) The provisions relating to filing of appeals under this Act shall, so far as may be, apply to the making of an application under this section as if such application were an appeal. .