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Monday, 7 April 2014

Discuss the powers and functions of deputy commissioner or assistant commissioner


Deputy Commissioner Income Tax :-
In the income tax department deputy commissioner income tax is very important person. He makes various decisions regarding the assessment and tax collection. He has a direct link with the assessee. He is also responsible for the administration of income tax machinery in his circle. He has been the powers executive and judicial.

APPOINTMENT :-
The central board of revenue appoints the deputy commissioner income tax. However his powers and functions may be revised by the commissioner income tax with the approval of central boards of revenue.

POWERS AND FUNCTIONS :-
Following are the important functions and powers of deputy commissioner :

  1. Issues Notices :-
For the collection of tax from assesses deputy commissioner income tax issues the notices. He also issues the notices regarding filling of various returns.

  1. Profit Computing Power :-
The deputy commissioner income tax may compute the profits of the assessee according to his own method, if he is not satisfied with the computing method of the assessee. In some particular cases he is also empowered to make an additional assessment.

  1. Case Of Self Assessment Scheme :-
Under the self assessment scheme if any assessee has filed the return of income. It can be adjusted by the deputy commissioner income tax to frame the assessment.

  1. Power Of Penalty :-
Deputy commissioner income tax has the power to impose penalty with the prior approval of inspecting assistant commissioner in the following cases.

i.                     If any taxpayer fails to obey the notice issued by him.
ii.                   If any taxpayer is obstructing the income tax authorities.


  1. Cancellation Power :-
If the necessary requirements are not filled by the registered firm then its registration can be cancelled by the deputy commissioner income tax. He may allow or refuses the registration of the firm.

  1. Rectify Mistakes :-
Deputy Commissioner income tax has the power to remove the mistake of assessment order passed by his predecessor or by him.

  1. Provisional Assessment Power :-
If taxpayer fails to file the his income then deputy commissioner income tax is empowered to make a provisional assessment in this case.

  1. Tax Refund Claims :-
The deputy commissioner income tax receives the application claiming the refund of tax and also makes decisions about them.

  1. Data Extension Power :-
In genuine cases deputy commissioner income tax has the power to extend the date for filling the return of income. He can also admit the applications for refund of tax after the expiry of the due date.

  1. Powers Of A Judge :-
The deputy commissioner income tax may enforce the attendance of any person to produce the documents about the accounts. He also exercise the powers of a judge and accepts the evidence on affidavit.

  1. Finding Out The Real Market Value :-
The deputy commissioner income tax has the power to find the real market value of the assets which are sold by the assessee. If he feels that market value in higher then sale price he can find out the real market value.

  1. Controller Of Staff :-
The deputy commissioner income tax controls his subordinate staff and provides them instructions.

  1. Checking Of Business :-
The deputy commissioner income tax has the power to entire in to any business enterprise to check the business and books of accounts.

  1. Discretionary Powers :-
Various discretionary powers are powers are given to the deputy commissioner income tax almost in all the matters relating to assessee.

  1. Penalty For Not Filling Return :-
If any person fails to provide the return with in the prescribed time with out a genuine reason, the deputy commissioner is empowered to impose penalty on him with the prior approval.

  1. Power Of Holding Refund :-
The deputy commissioner income tax can with hold a refund resulting from an appeal able order where such order is under further appeal, with the approval of the deputy commissioner income tax.

  1. Penalty For Concealing Income :-
If any person conceals or provides wrong particulars of income, the deputy commissioner income tax may impose penalty on him.

  1. Wealth Statement :-
Deputy commissioner income tax may ask the taxpayer to submit the details of his wealth.

  1. Retains Documents :-
Deputy commissioner income tax can retain the documents of the taxpayer for the purpose of prosecution.

  1. Penalty For Non Maintenance of Books :-
If taxpayer fails to maintain all the necessary books of accounts then deputy commissioner income tax  is empowered to impose penalty on him.empowered to impose penalty on him.

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