TMI BlogWealth escaping assessmentX X X X Extracts X X X X X X X X Extracts X X X X ..... f which such person is assessable as on the valuation date men tioned in the notice, along with such other particulars as may be required by the notice, and may proceed to assess or reassess such net wealth and also any other net wealth chargeable to tax in respect of which such person is assessable, which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section for the assessment year concerned (hereafter in this section referred to as the relevant assessment year), and the provisions of this Act shall, so far as may be, apply as if the return were a return required to be furnished under section 14 : Provided that where an assessment under sub-section (3) of sec tion 16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meaning of the foregoing proviso. (1A) No notice under sub-section (1) shall be issued for the relevant assessment year, 7 [( a ) if four years have elapsed from the end of the relevant assessment year, unless the case falls under clause ( b ) 8 [ or clause (c ] ) ; ( b ) if four years, but not more than six years, have elapsed from the end of the relevant assessment year unless the net wealth chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees ten lakhs or more for that year.] 9 [ ( c ) if four years, but not more than sixteen years, have elapsed from the end of the relevant assessment year unless the net wealth in relation to any asset (i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be issued under sub-section (1) 13 [by an Assessing Officer, who is below the rank of Assistant Commissioner 14 [or Deputy Commissioner], unless the 15 [Joint] Commissioner is satisfied, on the reasons recorded by such Assessing Officer, that it is a fit case for the issue of such notice] : Provided that, after the expiry of four years from the end of the relevant assessment year, no such notice shall be issued unless the Chief Commissioner or Commissioner is satisfied, on the reasons recorded by the Assessing Officer aforesaid, that it is a fit case for the issue of such notice. ( b ) In a case other than a case falling under clause ( a ), no notice shall be issued under sub-section (1) by an Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ------------------------------------- Notes: 1. Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Before substitution, sub-section (1), as amended by the Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965, stood as under: "(1) If the Assessing Officer ( a ) has reason to believe that by reason of the omission or failure on the part of any person to make a return under section 14 of his net wealth or the net wealth of any other person in respect of which he is assessable under this Act for any assessment year or to disclose fully and truly all material facts necessary for assessment of his net wealth or the net wealth of such other person for that year, the net wealth chargeable to tax has escaped a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2001, w.e.f. 1-6-2001. Prior to their substitution, clauses ( a ) and ( b ) read as under: "( a ) in a case where an assessment under sub-section (3) of section 16 or sub-section (1) of this section has been made for such assessment year, ( i ) if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub-clause ( ii ) or sub-clause ( iii ) ; ( ii ) if four years, but not more than seven years, have elapsed from the end of the relevant assessment year, unless the net wealth chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees five lakhs or more for that year ; ( iii ) if seven years, but not more than ten years, have elapsed from the end of the rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Officer of the rank of Assistant Commissioner or Deputy Commissioner" 14. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 15. Substituted vide the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as;- "Deputy" 16. Substituted vide the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as;- "Deputy" 17. Inserted by the Finance Act, 2008, w.r.e.f. 1-10-1998. 18. Inserted by the Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. 19. Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. - - statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxation Tax Management India - taxmanagementindia - taxmanagement - taxmanagementin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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