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Central Board of Direct Taxes (CBDT) – Income Tax

Central Board of Direct Taxes (CBDT) : 

The Central Board of Direct Taxes is a statutory body constituted under the Central Board of Revenue Act, 1963. It consist s of a number of members appointed by the Central Government for the performance of such duties, as may be entrusted to the Board from time to time. It is functioning under the jurisdiction of the Ministry of Finance. The Central Board of Direct Taxes, besides being the highest executive authority, exercises control and supervision over all officers of the Income-tax Department and is authorised to exercise certain powers conferred upon it by the Income-tax Act, 1961. In particular, it has the powers, subject to the control and approval of the Central Government to make any rules, from time to time for the proper administration of the provisions of the Income-tax Act, 1961.

All the rules under the Act are framed by the Board under section 295 and placed bef ore the Parliament. In addition to the general power of making rules and of superintendence, the Board has been given specific powers on several matters.

The Board has been empowered under section 119 to issue instructions and circulars to its subordinates for the proper administration of the Act. It is obligatory for the various authorities and all other persons employed in the execution of the Act to observe and follow such orders, instructions and directions of the Board. However, the Board is not empowered to issue orders, instructions or directions in such a way as to (i) require any income-tax authority to make the assessment of a particular case in a particular manner or (ii) interfere with the discretion of the Commissioner (Appeals) in the exercise of his appellate functions. Further, the Board may, if it considers necessary or expedient to do so, for the purpose of proper and effective management of the work of assessment and collection of revenue, issue general or special orders from time to time in respect of any class of incomes or class of cases setting forth directions and instructions not being prejudicial to the assessee. In appropriate cases, the Board may relax the provisions of sections 115P,115S, 139,143,144, 147, 148, 154, 155, 234A, 234B, 234E, 271 and 273. The Board can exercise its powers to remove difficulties in the matter of sections 201(1A), 210, 211 and 234C. The following table gives a brief glimpse of what these sections relate to –

Section Particulars of section
115P Interest payable for non-payment of tax by domestic companies
115S Interest payable for non-payment of tax on distributed income to unit-holders
139 Return of income
143 Assessment of income
144 Best Judgment Assessment of income
147 Income escaping assessment
148 Issue of notice where income has escaped assessment
154 Rectification of mistake apparent on record
155 Other amendments relating to assessment of income
201(1A) Interest for non-deduction of tax or non-payment of tax after deduction by such person/principal officer/company, as the case may be.
210 Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer.
211 Installments of advance tax and due dates
234A Interest for default in furnishing return of income
234B Interest for default in payment of advance tax
234C Interest for deferment of advance tax
234E Fee for failure to deliver the statement of deduction of tax at source under section 200(3) and for failure to deliver the statement of collection of tax at source under section 206C(3) within the prescribed time.
271 Penalty for failure to furnish returns, comply with notices, concealment of income etc.
273 Penalty for false estimate of, or failure to pay, advance tax

The Central Government may appoint such persons as it thinks fit to be income-tax authorities. It may also authorise the Board or a Principal Director General or Director General, a Principal Chief Commissioner or Chief Commissioner or a Principal Director or Director or a Principal Commissioner or Commissioner to appoint income-tax authorities below the rank of an Assistant Commissioner or Deputy Commissioner. An income-tax authority authorised by the Board may appoint such executive or ministerial staff as may be necessary to assist it in the execution of its functions. The Board may also direct , by way of notification, that any Income-tax authority or authorities shall be subordinate to such other income-tax authority as may be specified.

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