Home Acts & Rules Wealth-tax Act Wealth Tax Act, 1957 Chapters List Chapter IV Assessment This
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Section 17A - Time limit for completion of assessment and reassessment - Wealth Tax Act, 1957Extract 1 [Time limit for completion of assessment and reassessment. 17A. 2 [(1) No order of assessment shall be made under section 16 at any time after the expiry of two years from the end of the assessment year in which the net wealth was first assessable : 3 [ Provided that, ( a ) where the net wealth was first assessable in the as sessment year commencing on the 1st day of April, 1987, or any earlier assessment year, such assessment may be made on or before the 31st day of March, 1991 ; ( b ) where the net wealth was first assessable in the as sessment year commencing on the 1st day of April, 1988, such assessment may be made on or before the 31st day of March, 1992:] 4 [ Provided further that in case the assessment year in which the net wealth was first assessable is the assessment year 18 [ commencing on or after the 1st day of April, 2004 but before the 1st day of April, 2010 ] or any subsequent year, the provisions of this sub-section shall have effect as if for the words two years , the words twenty-one months had been substi tuted.] (2) No order of assessment or reassessment shall be made under section 17 after the expiry of 5 [one year] from the end of the financial year in which the notice under sub-section (1) of that section was served] : 6 [ Provided that where the notice under sub-section (1) of sec tion 17 was served on or after the 1st day of April, 1999 but before the 1st day of April, 2000, such assessment or reassessment may be made at any time up to the 31st day of March, 2002:] 7 [ Provided further that where the notice under sub-section (1) of section 17 was served on or 19 [ after the 1st day of April, 2005 but before the 1st day of April, 2011 ] , the provisions of this sub-section shall have effect as if for the words one year , the words nine months had been substitut ed.] 8 [***] (3) Notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment in pursuance of an order passed on or after the 1st day of April, 1975, under section 9 [23A], section 24 or section 25, setting aside or cancelling an assessment, may be made at any time before the expiry of 10 [one year] from the end of the financial year in which the order under section 9 [23A] or section 24 is received by the 11 [Chief Commissioner or Commis sioner] or, as the case may be, the order under section 25 is passed by the Commissioner : 12 [Provided that where the order under section 23A or section 24 is received by the Chief Commissioner or Commissioner or, as the case may be, the order under section 25 is passed by the Commis sioner, on or after the 1st day of April, 1999 but before the 1st day of April, 2000, such an order of fresh assessment may be made at any time up to the 31st day of March, 2002:] 13 [ Provided further that where the order under section 23A or section 24 is received by the Chief Commissioner or Commissioner or, as the case may be, the order under section 25 is passed by the Commissioner, on or 20 [ after the 1st day of April, 2005 but before the 1st day of April, 2011 ] , the provisions of this sub-section shall have effect as if for the words one year , the words nine months had been substituted.] (4) The provisions of sub-sections (1) and (2) shall not apply to the assessment or reassessment made on the assessee or any other person in consequence of, or to give effect to, any finding or direction contained in an order under section 23, section 24, section 25, section 27 or section 29 or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act, and such assessment or reassessment may, subject to the provisions of sub-section (3), be completed at any time. Explanation 1. In computing the period of limitation for the purposes of this section ( i ) the time taken in reopening the whole or any part of the proceeding or in giving an opportunity to the assessee to be reheard under the proviso to section 39, or ( ii ) the period during which the assessment proceeding is stayed by an order or injunction of any court, or 14 [( iia ) the period (not exceeding sixty days) com mencing from the date on which the 15 [Assessing Officer] received the declaration under sub-section (1) of section 18C and ending with the date on which the order under sub-section (3) of that section is made by him, or] ( iii ) in a case where an application made before the Wealth-tax Settlement Commission under section 22C is rejected by it or is not allowed to be proceeded with by it, the period commencing from the date on which such application is made and ending with the date on which the order under sub-section (1) of section 22D is received by the Commissioner under sub-section (2) of that section, shall be excluded : 16 [ Provided that where immediately after the exclusion of the aforesaid time or period, the period of limitation referred to in sub-sections (1), (2) and (3) available to the Assessing Officer for making an order of assessment or reassessment, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:] 17 [ Provided further that where a proceeding before the Settlement Commission abates under section 22HA, the period of limitation referred to in this section available to the Assessing Officer for making an order of assessment or reassessment, as the case may be, shall, after the exclusion of the period under sub-section (4) of section 22HA, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year. ] Explanation 2. Where, by an order referred to in sub-section (4), any asset is excluded from the net wealth of one person and held to be the asset of another person, then, an assessment in respect of such asset on such other person shall, for the purposes of sub-section (2) of section 17 and this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order, provided such other person was given an opportunity of being heard before the said order was passed.] ------------------------------------------ Notes:- 1. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-1-1976, except clause ( iii ) of Explanation 1 which came into effect from 1-4-1976. 2. Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to their substitution, sub-sections (1) and (2) stood as under: (1) No order of assessment shall be made under section 16 at any time after the expiration of a period of ( a ) four years commencing on and from the 1st day of April, 1975 or one year from the date of the filing of a return or a revised return under section 15, whichever is later, where the assessment year is an assessment year commencing before that date ; ( b ) four years from the end of the assessment year in which the net wealth was first assessable, or one year from the date of the filing of a return or a revised return under section 15, whichever is later, where the assessment year is an assessment year commencing on or after the 1st day of April, 1975. (2) No order of assessment or reassessment shall be made under section 17, ( a ) where any proceeding for an assessment or reassessment is pending on the 1st day of April, 1975, at any time after the expiration of a period of four years commencing on and from that date ; ( b ) where the assessment or reassessment is to be made in a case falling within clause ( a ) of sub-section (1) of section 17 for which a notice has been served under that sub-section on or after the 1st day of April, 1975, at any time after the expiration of a period of four years from the end of the assess ment year in which such notice was served ; ( c ) where the assessment or reassessment is to be made in a case falling under clause ( b ) of sub-section (1) of section 17 for which a notice has been served under that sub-section on or after the 1st day of April, 1975, after the expiration of a period of ( i ) four years from the end of the assessment year in which the net wealth was first assessable, or ( ii ) one year from the date of service of such notice, whichever period expires later. 3. Substituted for the following by the Finance Act, 1989, w.e.f. 1-4-1989 : Provided that where the net wealth was first assessable in the assessment year commencing on the 1st day of April, 1985, or the 1st day of April, 1986, such assessment may be made on or before the 31st day of March, 1990. 4. Inserted by the Finance Act, 2006, w.e.f. 1-6-2006. 5. Substituted for two years by the Finance Act, 2001, w.e.f. 1-6-2001. 6. Substituted by the Finance Act, 2001, w.e.f. 1-6-2001. . Prior to its substitution, proviso read as under : Provided that, ( i ) where the notice under clause ( a ) of sub-section (1) of section 17 was served during the financial year commencing on the 1st day of April, 1985, or the 1st day of April, 1986, such assessment or reassessment may be completed on or before the 31st day of March, 1990 ; ( ii ) where the notice under clause ( b ) of sub-section (1) of section 17 relates to the assessment for the assessment year commencing on the 1st day of April, 1985, or the 1st day of April, 1986, such assessment or reassessment may be completed on or before the 31st day of March, 1990, or the expiry of two years from the end of the financial year in which such notice was served, whichever is later. 7. Inserted by the Finance Act, 2006, w.e.f. 1-6-2006. 8. Omitted by the Finance Act, 2001, w.e.f. 1-6-2001. Prior to its omission, Explanation read as under: Explanation . References to section 17 in the proviso shall be construed as references to that section as it stood before amendment by the Direct Tax Laws (Amendment) Act, 1987. 9. Substituted for 23 by the Finance Act, 2001, w.e.f. 1-6-2001. 10. Substituted for two years by the Finance Act, 2001, w.e.f. 1-6-2001. Earlier two years was substituted for four years by the Direct Tax Laws (Amend ment) Act, 1987, w.e.f. 1-4-1989. 11. Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 12. Substituted by the Finance Act, 2001, w.e.f. 1-6-2001. Prior to its substitution, proviso, as inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989, read as under : Provided that where the order setting aside or cancel ling an assessment was passed during the financial year commenc ing on the 1st day of April, 1985, or the 1st day of April, 1986, the order of fresh assessment may be made on or before the 31st day of March, 1990. 13. Inserted by the Finance Act, 2006, w.e.f. 1-6-2006. 14. Inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. 15. Substituted for Wealth-tax Officer by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 16. Inserted by the Finance (No. 2) Act, 1991, w.e.f. 27-9-1991. 17. Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2007 18. Substituted vide Finance Act, 2012, w.e.f. 01-07-2012, before it was read as;- "commencing on the 1st day of April, 2004 or any subsequent year" 19. Substituted vide Finance Act, 2012, w.e.f. 01-07-2012, before it was read as;- "after the 1st day of April, 2005" 20. Substituted vide Finance Act, 2012, w.e.f. 01-07-2012, before it was read as;- "after the 1st day of April, 2005"
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