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 :
- 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.
- 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.
- 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.
- 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.
- 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.
- Rectify Mistakes :-
Deputy Commissioner income tax has the power to remove the
mistake of assessment order passed by his predecessor or by him.
- 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.
- Tax Refund Claims :-
The deputy commissioner income tax receives the application
claiming the refund of tax and also makes decisions about them.
- 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.
- 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.
- 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.
- Controller Of Staff :-
The deputy commissioner income tax controls his subordinate
staff and provides them instructions.
- 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.
- Discretionary Powers :-
Various discretionary powers are powers are given to the
deputy commissioner income tax almost in all the matters relating to assessee.
- 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.
- 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.
- Penalty For
Concealing Income :-
If any person conceals or provides
wrong particulars of income, the deputy commissioner income tax may impose
penalty on him.
- Wealth Statement :-
Deputy commissioner income tax may ask the taxpayer to
submit the details of his wealth.
- Retains Documents :-
Deputy commissioner income tax can retain the documents of
the taxpayer for the purpose of prosecution.
- 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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