Commissioner Of Income Tax :-
He is an important income tax authority which has executive
and judicial powers. The central board of revenue is the appointing authority
for commissioner of income tax. Normally commissioner is appointed as an
incharge of a zone. He is responsible for the administration of the area
assigned to him. He is subordinate regional commissioner income tax.
JURISDICTION :-
- In a specific area which is assigned to him, he performs both the function judicial and executive.
- If specific area is not assigned then he performs his duties according the directions of central board of revenue.
FUNCTION AND POWERS OF COMMISSIONER OF INCOME TAX :-
The commissioner exercises the power to control the staff of
income tax department working in his jurisdiction. He is also responsible for
the efficiency of work in all respect in his zone.
Following are the important functions and powers of
commissioner of income tax.
- Determine The Jurisdiction :-
He has the power to determine the jurisdiction and assign
the work to subordinate inspecting additional commissioners income tax and
deputy commissioners.
- Final Authority To Decide The Dispute :-
Commissioner income tax is the final authority to decide the
disputes if two subordinate income tax authorities are not in agreement
regarding their areas of juries diction or the assessment of a person.
- Transfer Of Jurisdiction :-
He is empowered to transfer the jurisdiction from one income
tax authority to another.
- Revision Of Orders :-
He may revise any other passed by his subordinates however
these orders should not be prejudicial to the assessee.
- Power To With Held The Refund :-
The commissioner of income tax is empowered to order that
the refund must be with held if the department wants to appeal against the
refund.
- Refer The Case To High Court :-
If he is not satisfied with the decision of appalled
tribunal, he can request the tribunal to refer the case to high court provided
that the decision involves the point of law.
- Power To Compound Offence :-
He may either before or after the institution of proceedings
compound such offence where a person has committed any offence under the income
tax law.
- Order To Person For Payment :-
He may order a person who has committed an offence to pay
the amount for which the offence may not compound.
- Power To Disqualify The Practitioners :-
If he finds any practitioners qualify of misconduct, he may
disqualify an income tax practitioner to appear before any income tax
authority.
- Power To Amend His Orders :-
To rectify any mistake from the record the commissioner
income tax may amend his orders passed by him.
- Power To Receive Evidence :-
The commissioner has the power to receive the evidence on
affidavit. For the examination of
witness he can issue the orders to commissioners.
- Power To Demand Documents :-
He can compel any person to produce his books of accounts or
any other documents for investigation. He can also enforce any person to attend
his office and he can examine him.
- Power To Extend The Petition Period :-
He can extend the normal period for filling a revision
petition, If he is satisfied about the cause of delay.
- Power To Decide The Revision Petitions :-
Against the decision of his subordinates he entertains,
hears and decides the revision petitions of aggrieved assesses.
- May Direct For Appeal :-
The commissioner of income tax (Head quarter) may direct the
deputy commissioner to appeal to appellate tribunal against the decision made
by the commissioner income tax (appeal).
- Penalty :-
If the notice has been issued to any taxpayer but he has
failed to obey the notice. In this case commissioner income tax may impose
penalty on that person.
- Best Judgement Assessment :-
If any person fails to file the return of income tax with in
due date then the commissioner can make the best judgement of assessment.
- Power Of Recovery Of Tax :-
The commissioner income tax can take various steps to
recover the amount if any person fails to pay the due tax.
- Inventory Of Articles :-
If any article is not entered and it is found in the
premises the commissioner can make inventory of that article.
- Provisional Assessment :-
The commissioner income tax has the power to make the
provisional assessment if any person fails to file the return.
- Notice For Tax :-
The commissioner income tax can issue the notice to any
person for filling the return or for the collection of tax from the tax payer.
- Retain The Documents :-
The commissioner income tax is empowered to retain the
important documents of the taxpayers for the purpose of prosecutions.
- Change The Method Of Accounting :-
If any person wants to change his method of accounting, the
commissioner income tax may allow him to change.
4 comments:
Thanks admin..
Very good information
Thankyou for the clear cut concept.
Was able to understand them easily
It is easy to understand. Thank u😃
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