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Gift Tax Act, 1958

 

Section

Topics

1

Short title, extent and commencement

2

Definitions

3

Charge of gift-tax

4

Gifts to include certain transfers

5

Exemption in respect of certain gifts

6

Value of gifts, how determined

6A

Aggregation of gifts made during a certain period

7

Gift-tax authorities and their jurisdiction

7A

Powers of Commissioner respecting specified areas, cases, persons, etc

7AA

Concurrent jurisdiction of Inspecting Assistant Commissioner and Gift-tax Officer

7B

Power to transfer cases

8

Control of gift-tax authorities

8A

Commissioners of Gift-tax (Appeals)

9

Instructions to subordinate authorities

9A

Directors of Inspection

10

Jurisdiction of Assessing Officers and power to transfer cases

11

Inspector of Gift-tax

11A

Commissioner competent to perform any function or functions

11AA

Gift-tax Officer competent to perform any function or functions

11B

Control of gift-tax authorities

12

Gift-tax authorities to follow orders, etc, of the Board

12A

Power of Chief Commissioner or Commissioner and of Deputy Commissioner to make enquiries under this Act

13

Return of gifts

14

Return after due date and amendment of return

14A

Return by whom to be signed

14B

Self-assessment

15

Assessment

16

Gift escaping assessment

16A

Time limit for completion of assessment and reassessment

16B

Interest for defaults in furnishing return of gifts

17

Penalty for failure to furnish returns, to comply with notices and concealment of gifts, etc

17A

Penalty for failure to answer questions, sign statements, furnish information, allow inspections, etc

18

Rebate on advance payments

18A

Credit for stamp duty paid on instrument of gift

18B

Additional gift-tax

19

Tax of deceased person payable by legal representative

19A

Assessment of persons leaving India

20

Assessment after partition of a Hindu undivided family

21

Liability in case of discontinued firm or association of persons

21A

Assessment of donee when the donor cannot be found

22

Appeal to the Deputy Commissioner (Appeals) from orders of Assessing Officer

22A

Application by the assessee in certain cases

23

Appeal to the Appellate Tribunal

24

Powers of Commissioner to revise orders of sub-ordinate authorities

25

Appeal to the Appellate Tribunal from orders of enhancement by Chief Commissioner or Commissioner

26

Reference to High Court

27

Hearing by High Court

28

Appeal to Supreme Court

28A

Tax to be paid notwithstanding reference, etc

28B

Definition of High Court

29

Gift-tax by whom payable

30

Gift-tax to be charged on property gifted

31

Notice to demand

32

Recovery of tax and penalties

33

Mode of recovery

33A

Refunds

34

Rectification of mistakes

35

Prosecution

35A

Offences by companies

35B

Offence by Hindu undivided families

35C

Section 360 of the Code of Criminal Procedure, 1973 and the Probation of Offenders Act, 1958, not to apply

35D

Presumption as to culpable mental state

35E

Proof of entries in records or documents

36

Power regarding discovery, production of evidence, etc

37

Power to call for information

38

Effect of transfer of authorities on pending proceedings

39

Computation of period of limitation

40

Service of Notice

41

Prohibition of disclosure of information

41A

Publication of information respecting assessees

41B

Disclosure of information respecting assessees

41C

Return of gifts, etc, not to be invalid on certain grounds

42

Bar of suits in civil court

43

Appearance before gift-tax authorities by authorised representatives

43A

Appearance by registered valuer in certain matters

44

Agreement for avoidance or relief of double taxation with respect to gift-tax

44A

Rounding off of taxable gifts

44B

Rounding off of tax, etc

45

Act not to apply in certain cases

46

Power to make rules

46A

Power to make exemption, etc, in relation to certain union territories

47

Power to remove difficulties

 

URL - www.incometaxindia.gov.in/Gift%20tax%20act.asp

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