REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 82] NEW DELHI, THURSDAY, JUNE 10, 1965/JYAISTHA 20, 1887
Separate paging is given to this Part in order that it may be filed
as a separate compilation
CENTRAL BOARD OF DIRECTORIES
NOTIFICATION
New Delhi, the 9th June 1965
G.S.R. 832.—In exercise of the powers conferred by section 46 of the Wealth- Tax Act, 1957 (27 of 1957), the Central Board of Direct Taxes hereby makes the following rules further to amend the Wealth-Tax Rules, 1957, namely:—
1. These rules may be called the Wealth-tax (Amendment) Rules, 1965.
2. In the Wealth-tax Rules, 1957—
(a) after rule 1, the following rule shall be inserted, namely:—
"1A. Definitions .—In these rules, unless the context otherwise requires,—
(a) "Act" means the Wealth-tax Act, 1957; (b) "Form" means a Form appended to these rules; (c) "gold" means gold, including its alloy, whether virgin, melted, remelt- ed, wrought or unwrought, in any shape or form, of a purity of not less than nine carats and includes any gold coin (whether legal tender or not) any gold ornament and any other article of gold;
(d) "gold ornament" means any article in a finished form, meant for perso- nal adornment or for the adornment of any idol, deity or any other object of religious worship, made of, or manufactured from, gold, whether or not set with stones or gems, real or artificial, or with pearls, real, cultured or imitation or with all or any of them and includes parts, pendants or broken pieces of gold ornaments;
(e) "section" means a section of the Act";
( 2 5 7)
258 ' : GAZETTE OF INDIA EXTRAORDINARY [PART I I-(b) for rules 3 to 7, the following rules shall be substituted, namely:—
"3. Form of return of net wealth.— (1) The return of net wealth referred to in sub-sections (1) and (2) of section 14 shall,—
(a) in the case of individuals and Hindu undivided families, be in
Form A;
(b) in the case of companies, be in Form B;
and shall be verified in the manner specified therein.
(2) Where the assessee is carrying on a business, a copy of the balance- sheet or trial balance as on the valuation date or on the date of the closing of accounts immediately preceding the valuation date, and a copy of the auditor's report, If any, shall also be furnished along with the return of net wealth.
4. Notice of demand.—Every notice of demand under section 30 shall be in
Form C:
Provided that a notice of demand relating to payment of wealth-tax provi- sionally assessed under section 15C shall be in Form D.
5. Appeal to the Appellate Assistarit Commissioner.— (1) An appeal under section 2J to the Appellate Assistant Commissioner shall be In Form E and shall be verified in the manner provided therein.
(2) In any appeal preferred in Form E; the memorandum of appeal, the grounds of appeal and the verification shall be signed—
(a) in the case of an individual by the individual himself; where the individual is absent from India by the individual concerned or by some person duly authorised by him in this behalf and where the individual is mentally incapacitated from • attending to his affairs, by his guardian or any other person competent to act on his behalf: and where for any other reason it is impossible for the individual to sign, by any person competent to act on his behalf;
(b) in the case of a Hindu undivided family, by the karta, and where the karta is absent from India or is mentally incapacitated from attend- ing to his affairs, by any other adult member of such family, and
(c) in the case of a company, by the principal officer thereof.
t. Form of appeal to Appellate Tribunal.— (1) An appeal under section 24 or section 26 to the Appellate Tribunal shall be in Form F and shall be verified in the manner provided therein.
(2) The memorandum of cross objections under sub-section (2A) of section 24 shall be In Form G and shall be verified in the manner provided therein.
7. Application for reference to High Court.—An application under sub-section (\) of section 27 requiring the Appellate Tribunal to refer to the High Court any question of law shall be in Form H.";
(c) in rule 8, In sub-clause (ii), for the words, brackets and figures "under sub- section (3) of section 61 of the Indian Income-tax Act, 1922", the following words, brackets and figures shall be substituted, namely:—
"under sub-section (5) of section 288 of the Income-tax Act, 1961";
(d) for rule 9, the following rules shall be substituted, namely:—
"9 Disclosure of information respecting assessees.-(l) The application to the Commissioner under section 42B for information relating to an assessee in respect of any assessment made under the Act shall be madf in Form I.
(2) The information under section 42B shall be furnished by the Commis-
sioner in Form J.
(3) Where it is not possible for the Commissioner to furnish the information asked for by the applicant under section 42E owing to the fact that the relevant assessment has not been completed, he shall inform the applicant in Form K.
f4) Where the Commissioner is satisfied that it is not in the public interest to furnish or cause to be furnished the information asked for, he shall intimate the fact to the applicant in Form L.
10 Search and seizure.—(1) The powers of search and seizure under section 37A shall be exercised in accordance with sub-rules (2) to (11).
"-ic. 9(1)] THE GAZETTE OF INDIA EXTRAORDINARY 259
(2) The Commissioner may, after recording his reasons for doing so, authorise any Inspecting Assistant Commissioner or any Wealth-tax Officer for the purposes of section 37A of the Act; such authorisation shall—
(i) be In wilting under his signature; (ii) bear his seal, and
(iii) authorise the Inspecting Assistant Commissioner or the Wealth-tax Oflicci, as the case may be, to enter and search any building or place specified therein and to exercise the powers and perform the functions under sub-section (1) of section 37A.
(Z) Whenever any building or place authorised to be searched is closed, any person residing in or being in charge of such building or place shall, on demand by the Inspecting Assistant Commissioner or by the Wealth-tax Officer and on production of the authority, allow him free ingress thereto and afford all reasonable facilities for a search therein.
(4) If ingress into such building or place cannot be so obtained, it shall be lawful for the Inspecting Assistant Commissioner or the Wealth-tax Officer executing the authority, with such assistance as he may deem necessary, to enter such building or place and search therein and in order to effect an entrance into such building or place, to break open any outer or inner door or window of any building, or place, whether that of the person to be searched or of any other person, if after noti- fication of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance:
Provided that, if any .such building or place is an apartment in actual occu- pancy of a woman, wbo according to custom does not appear in public fhe Inspecting Assistant Commissioner or the Wealth-tax Officer, as the case may be, shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and may then break open the apartment and enter it.
(5) Where any person in or about such building or place is reasonably sus- pected of concealing about his person any article for which search is being made, such person may also be searched by the Inspecting Assis- tant Commissioner or the Wealth-tax Officer, as the case may be, with such assistance as he may consider necessary. If such person is a woman, the search shall be made by another woman with a strict regard to decency.
(61 The Inspecting Assistant Commissioner or the Wealth-tax Officer as the case may be, shall, immediately before making the search 'call upon two or more respectable inhabitants of the locality In which the building or place to be searched is situate to attend and witness the search and may issue an order in writing to them or any of them so to do.
(7) The search shall be made in the presence of the witnesses aforesaid and a list of all things seized in the course of such search and of the places in which they were respectively found shall be prepared by the Inspecting Assistant Commissioner or the Wealth-tax Officer, as the case may be, and signed by such witnesses, but no person witness- ing a search shall be required to attend as a witness of the search in any proceedings under the Act unless specially summoned.
(8) The occupant of the building or place searched or some person in his behalf shall be permitted to attend during the search and a copy of the list prepared under sub-rule (7) shall be delivered to such occu- pant or person. A copy shall also be forwarded to the Commissioner.
(9) When any person is searched under sub-rule (5), a list of all things taken possession of shall be prepared and a copy thereof shall be delivered to such person. A copy shall also be forwarded to the Commissioner.
(10) The Inspecting Assistant Commissioner or the Wealth-tax Officer, as the case may be, may convey the books of account and other docu- ments, if any, seized by him in the course of the search made by him to the office of the Inspecting Assistant Commissioner or to any other authority not below the rank of Wealth-tax Officer employed in the execution of the Act.
260 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-(11) The authorisation of the Commissioner referred to in sub-ruie (2) shall be in Form M.
11. Prescribed authority.—The 'prescribed authority' for the purposes of sub- clause (ii) of sub-section (2) of section 44 shall be the Commissioner having jurisdiction over the case in the proceedings connected with which the person concerned is alleged to be guilty of misconduct.".
FORM A
Form of return of Net Wealth under sub-section (i) or (2) of Section 14 of the Wealth-Tax Act, 19s7
(For INDIVIDUALS and HINDU UNDIVIDED FAMILIES only) Wealth-tax Assessment year
Name of the assessee
Individual
Citizen of India
Resident and ordinarily resident in India.
Hindu undivided family
Resident but not ordinarily resident in India
Not a citizen of India
Not resident in India.
Residential Address
STATEMENT OF ASSETS AND DEBTS AS ON THE VALUATION DATE
PART I—Assev located in India.
Other asset* Value Rs.
Business assets Value Rs.
SECTION A—IMMOVABLE PROPERTY.
Total value of all immovable properties located in India (other than agricultural land and buildings in the Immediate vicinity of such land used for agricultural purposes):—
1 I
(0 Immovable property held as assets of a business—as per Anncxun
(ii) Other immovable property—as per Annexure II
Total of Section A
SECTION B—MOVABLE PROPERTY.
Total value of all movable properties located in India :—
(0 Movable properties held as assets of a business—as per
Annexure I II . . . . . . . ..
(ii) Other movable properties—as per Annexure IV.
T O T AL of Section B
Please read the notes on the last page of the return before filling up the form.
Sue. 3(1)] T HE GAZETTE OF INDIA EXTRAORDINARY 26lOther assets Value Rs.
Business assets Value Rs.
SECTION C—ALL ASSETS
Total value of all assets located in India (Total of Sections A and
B)
Deduct.— Total value of debts in India owing by the assessee :—
(i) Relating to business—as per Annexure V.
(f") Other Debts—as per Annexure VI . . ..
Balance : Wealth in India . . ..
PART I I —AW located outside India
(NOTE:—This part is not applicable to, and need not be filled in bv assesaees who are not citizens of India or who are not resident in India or who are resident but not ordinarily resident in India.)
SECTION D—IMMOVABLE PROPERTY.
Total value of all immovable properties located outside India :—
(i) Immovable properties held as assets of a business—as peT
Annexure VII
("0 Other immovable properties—as per Annexure V i ll
—
TOTAL of Section D . .
SECTION E—MOVABLE PROPERTY.
Total value of all movable properties 'ocated outside India :—
( 0 Movable properties held as assets of a business—as per An-
nexure IX
(it) Other movable porperties—as per Annexure X.
TOTAL of Section E
SECTION F—ALL ASSETS
Total value of all assets located outside India (Total of Sections
D and E)
Deduct.—Total value of debts outside India owing by the asscssee ;--
(0 Relating to business—as per Annexure XI.
("") Other debts—as per Annexure XII
Balance : Wealth outside India . .
262 T HE GAZETTE OF INDIA EXTRAORDINARY [PART II-PART III
Relating to business
Rs.
Not relat- ing to business Rs.
I
2
3 SECTION G—TOTAL NET WEALTH.
Wealth in India on which tax is payable—as per Section C of Part I above . . . . . . . . ..
Wealth outside India on which tax is payable—as per Section F of Part II above
Value of Assets, as per Annexure XIII, which is to be included in the net wealth of the assesses under section 4(1)
Value of Assets, as per Annexure XIV, oil which tax Is not payable but which is to be included in the net wealth under section 5(2)
TOTAL
Grand Total (Total of Columns 2 and 3)
NET WEALTH
PART IV
(NOTE.— The filling in of thiB Part is Optimal. In this Part may be shown any assets which are not included in Part I, II and III or the Annexurcs referred to therein, but the assessee claims to be not taxable for any reason.)
Description of Asset Reason why exemption is claimed
I.
2.
3.
4-
5-
6.
7-
SEC. S(i)] THE GAZETTE OF INDIA EXTRAORDINARY 263
ANNEXURE I
(See Section A of Part I of this Return)
Statement of Immovable property (other than agricultural land and buildings in the im- mediate vicinity of such land used for agricultural purposes) located in India and held as assets of a business.
Identification of Property
Estimated capital value on valuation
Description of Property (If the property is lease- Annual value hold for a term of years,
date
the unex ired
term as on the valuation Rs.
Rs.
date? should be stated)
I.
2.
3-
4-
5.
Total value taken to Section A of Part I of this Return
NOTE.—I. The description and situation of property should be such as to enable the property and its boundaries to be clearly identified.
2. Each item of immovable property should be listed separately, one below the other.
ANNEXURE II
(See Section A of Part I of this Return)
Statement of immovable property (other than agricultural land and building* in the imme- diate vicinity of such land used for agricultural purposes) located in India, other than those inclu- ded in Annexure I.
Identification of Property
Annual value
Estimated capital value on valuation
date
Rs.
Rs.
Description of property (If the property is lease- hold for a term of years, the unexpircd term as on the valuation date should be stated
I
2
9
<
Total value taken to Section A of Part I of this Return
NOTE,— I. The description and situation of property should be such as to enable the propei- ty and its boundaries to be clearly identified.
2. Each item of immovable property should be listed separately, one below the other.
264 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-ANNEXUREIII
(.See Section B of Part I of this Return)
Statement of Movable property located in India and held as assets of a business
Description of the assets
Value Rs.
I. Plant and machinery
2. Furniture and fittings
3. Patent rights, copyrights, etc.
4, Vehicles
j. Stores, spare parts, tools and instruments
6. Stock in trade
7. Sundry debtors
8. Loans and advances owing to the as&essee
9. Cash in hand and at Bank
, [O, All other assets, except those on which woalth-tax is not payable. (Give details)
Total taken to Section B of Part I of this Return
ANNEXURE IV
(S<" section B of Part I of this Return)
Statement of Movable Property (non-business assets) located in India
Description of the assets
Value Rs.
1. (a) Stocks, bonds, Securities and Funds (including Treasury Bills)
of:—
(i) Central Government (w) State Governments (iii) Local authorities
Q>) Shares, debentures or bonds of companies.
SttC. 5(1)] THE GAZETTE OF INDIA EXTRAORDINARY 265Description of the assets
Value Rs.
2. (a) Moneys lent out by way of loans or advances and interest accrued due
thereon upto the valuation date.
(b) Any other amounts due to the assessce which remain unpaid.
(c) Amounts covered by insurance policies which have become due
and payable but not paid.
(
Value of the share or other interest as a partner in a partnership firm
3-
or member in an asociation of persons. (Gove Details.)
4- Annuity rights (other than pension or other annuity tights in res- pect of past employment as a salariedemployec or annuities which are not commutable).
Tools and instrumrnts etc., to enable the assessee to carry on his
5-
profession or vocation.
(Mention profession of vocation).
Ra.
Less: Exemption Rs. 20,000
(a) Gold ornaments :—
6.
Description weight ,
(b)|Gold in any form other than gold ornaments':
Description weight
(c) Jwellery other than gold ornaments :
7. Other assets not included in the above items. (Give details) :—
• • •
Total value taken to section B of Part I of thl" Return
266 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-ANNEXURE V
(Seee Section C of Part I of this Return)
'S tatement of debts located in India owing by the assessee relating to a business carried on by him
Description of debt
Value Rs.
i. Secured Loans 2. Unsecured Loans . . . .. , 3. Trade Creditors 4, Other items (give details.) . . . . . ..
Total business debts taken 10 Section C of Part I of this Return .
ANNEXURE VI
I See Section C of Part I of this Return)
Statement of detbs located jn India owing by the assessee other than those included in Annexure V
Description of debt
Value Rs.
Total non-business debts taken to Section C of Part I of this Return
NOTE.—Debts which have been incurred for acquiring asaests which are cxmptcd from wealth tax, or forutillsation on such assets, or debts which have been secured for repayment on such assets should not be included in Annexure V or VI.
^Dcbts which arc purely in the nature of contingent liabilities should not be included in these Statements.
ANNEXURE VII
(See Section D of Part II of this Return)
Statement of immovable property located outside India and held as assets of a business
Place where it is situated
Description of the property
Annual Value
Estimated capital value as on valuation date
Rs.
Rs.
I.
2.
3-
4. .
Total value ta iken to (section D of P art II of this Reti arn
SEC. 8 267ANNEXURE VTII
(5"" Section D of Part II of this Return)
Statement of immovable property located outside India other than those included in Annexure VII
Place where it ia
situated
Annual value
Estimated capital value as on valuation Desciiption of the property
Rs.
date R s.
T.
2,
T. .
A
Total value taken to Section D of Part II of this Return
ANNEXURE IX
(San Section E of Part II of this Return)
Statement of movable property located outside India and held as assets of a bus'ness
Description of assets
Value Rs.
i. Plant and Machinery
2. Furniture and fittings . . . . . ..
3. Patent rights, copyrights etc
4. Vehicles . . . . . . . . ..
5. StoreSj spate parts, tools and instruments . ,
6. Stock-in-trade . . . . . . . ..
7, Sundry debtors . . . . . . . ..
8. Loans and advances owing to the assessee . . ..
9. Cash in hand and at Bank . . . . ..
to. All other asscta, except those on which wealth-tax is not pay-
able (give details).
Total taken to Section E of Part II of this Return
268 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—ANNEXURE X
(Sea Section E of Part II of the Return)
Statement of Movable Property (non-business assets) located outside India.
Description of assets
Value Rs.
I. (a) Stocks, bonds, securities
(1) Of any Government or local authority In India inscribed for
payment outside India
(li) Of foreign Governments.
(b) Shares, debentures or bonds of companies.
2. (a) Moneys lent out by way of loans or advances and interest accrued due
theron upto the valuation date. ,
(b) Any other amounts due to the assessee whlch[remain unpaid
Sec. 3(i)J THE GAZETTE OF INDIA EXTRAORDINARY 269Description of assets
Value Rs.
(c) Amounts covered by insurance policies which have become due
and payable but not paid
(d) Uncashcd dividends, interest etc.
{e) Money* in hand or in banks
3. Value of the share or other interest as a partner in a partnership firm or
member In an association of persons (Give details).
4. (a) Gold ornaments :
Description Weight
(b) Gold in any form other than gold ornaments.
Description Weight
(e) Jewellery other than gold ornaments :
Description Weight
5, Other assets not included in the above items
(give details)
Total taken to Section E of Part II of this Return
ANNEXURE XI
(See Section F of Part II of this Return)
Statement of debts located outside India owing by the assessce, relating to a business carried
on by him.
Description of debt
Value Rs.
Secured Loans . Unsecured Loans Trade creditors . Other itemsCgive details)
I. 2. 3. 4-
Total business debts taken to Section F of
Part II of this Return
270 THE GAZETTE OF INDIA EXTRAORDINARY [P.MIT II—ANNEXURE XII
(See Section F of Part II of this Return)
Statement of debts located ToutBide India owing by the assessee other than those included In
Annexure XI
Value
Description of debt
Rs.
Total non-business debts taken to Section F of
Part II of this Return
NOTE: Debts which have been incurred for acquiring assets which are exempted from wealth- tax, or for utilisation on such assets, or debts which have been secured for repay- ment on such assets should not be included in Annexure XI of XII. Debts which are purely in the nature of contingent liabilities should not be In- cluded hi Annexure XI or XII.
ANNEXURE XIII
(See Section G of Part III of this Return)
Statement of assets transferred by the assessee to or for the benefit of the spouse or minor
child, etc
Description of assets Date of transfer
Name of transferee
Value Rs.
(a) which are to be included in the net wealth of the assessec [Sec.
4(1)]
Total value taken to section G of Part III of this Section.
(b) which are not to be included in the net wealth of the assessee for assessment year comm- encing after 31-3-64 [Proviso to Sec. 4 (1)]
ANNEXURE XIV (See section G of Part III of the Return)
Statemnet of assets on which wealth-tax is not payable but which are to be included in net wealth under section 5 (2)
Value Rs.
Description of asset
No. and date of Central Government Notification exempting from tax
Deposits with Central Government.
Deposits with the State Governments.
Securities of Central Government.
Securities of State Governments.
Securities of local authorities.
Total taken to Section G of Part III of this Return
SEC. 5(1)] THE GAZETTE OF INDIA EXTRAORDINARY 271:
FORM OF VERIFICATION
I declare that to the best of my knowledge and belief the information given in the above state- ment is correct and complete and that no other asset required to be taken into consideration for computing my
net wealth on the valuation date has been omitted, the Hindu undivided family's
I a citizen of India resident and ordinarily resident in India
I further declare that was • resident but n ot ordinarily resident in India- the family a citizen of not resident in India
during the year ending on the valuation date for which the Return is made.
Piac*
(Signature of assessee)
Status] Individual
Data
Kar:a, Hindu undivided family.
NOTE:—1. The return with the verification should be signed:—
(a) in the case of an individual, by the individual himself; where the individual is absent from India, by individual concerned or by some person duly autho- rised by him in this behalf; where the individual ia mentally incapacitated1 from attending to his affairs, by hia guardian or any other person competent to act on his behalf; and where for any other reason it is impossible for the individual to sign the return, by any person competent to act on his behalf;
(6) in the case of Hindu Undivided Family, by the Karta, and where the Karta Is absent from India or is mentally incapacitated from attending to his affairB, by any other adult member of sucli family; and
(c) in the case of a company, by the principal officer there of.
2. In computing the net wealth on any valuation date under Section 19A, any assets of th"- eBtate distributed to or applied to the benefit of any specific legatee of the estate prior to that valuation date shall be excluded but the aiscts so excluded shall, to the extent such assets are held' by the legatee on any valuation date, be included in the net wealth of such specific legatee on that valuation date.
3. Where the assessee is carrying on a business, a copy of the balance sheet or trial balance- as on the valuation date or the date of the closing of account immediately preceding the valuation date must be enclosed to this return.
THE SIGNATORY SHOULD SATISFY HIMSELF THAT THE RETURN IS CORRECT AND COMPLETE IN EVERY RESPECT BEFORE SIGNING THE VERIFICATION
FORM B
Form of Return of Net Wealth wider sub-section (1) or sub-section (2) of section 14 of the
Wealth-tax. Act, T957.
(FOR COMPANIES ONLY)
Wealth-tax Assessment Year
Name of the Company
Address Place at which the Registered Office
of the Company is situated
_
Whether the Company is Resident
in Iniia or not resident
Statement of assets and debts as on the valuation date
NOTE—A copy of the Balance Sheet as on the valuation date or or the date of the closing of accounts immediately preceding the valuation date, and a copy of the Auditor'* Report and Certificate should be enclosed to this Return.)
272 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT I I-PART I—
Assets located in India
Value Rs.
SECTION A.-IMMOVABLE PROPERTY :
Total value of all immovable properties located in India (other than agricultural land and buildings in the immediate vicinity of such land used for agricultural purposes)—as per Annexure I
SECTION B.—MOVABLE PROPERTY :
Total value of all movable properties located in India—,as per Annexure II.
SECTION C—ALL ASSETS :
Total value of all assets located In India (Total of sections A and B) Deduct: Total value of debts in India owing by the company—as per
Annexure I I I.
Wealth in India
PAHT II —
Assets located outside India
NOTE—This Part is not applicable to, and need not be filled in by a company which is not resident In India.
SECTION D.-^IMMOVABLE PROPERTY:
Total value of all irnMosrable properties located outside India—as per Annexure IV.
• •.
SECTION E—MOVABLE PROPERTY :
Total value of all movable properties located outside India—as per Annexure V.
SECTION P.—ALL ASSETS :
Total value of all assets located outside India—(Total of Sections D and E).
Deduct : Total value of debts outside India owing by the Company—as per Annexure VI.
Wealth outside India
Sac. 8(i)] THE GAZETTE OF INDIA EXTRAORDINARY 173
PART III.
Value R" SECTION Gr-TOTAL NET WEALTH :
Wealth in India on which tax is payable as per Section C of Part I above Wealth outside India on which tax Is payable—as per Section F of Part IT.
Add : Value of assets^ as per Annexure VII on which tax is net payable but which is to be included in the net wealth under section 5(2).
NET WEALTH
PART IV.
NOTE.—The filling up of this Part ia optional. In this Part may be shown any assets which are not included in Parts I,-II and I II or the Annexure referred to therein but which the Company claims to be not taxable for any rear, on.
Description of the Asset Reason why exemption io claimed
I.
2.
3-
4-
3-
6
ANNEXURE I.
{Ste Section A of Part I of this Return)
S tatenjent of Imitisvable Property (other than agricultural land and buildings in the lmnsllKC vicinity of 3uch Ian 31 uieJ for agricultural purposes.)
IMMOVABLE PROPERTY LOCATED IN INDIA
Annual value
Identification of property
Estimated Capital value on valuation date, Description of property. (If the property Is leasehold for a term of years, die unexpired terjn as on the valuation date should be stated)
Rs.
Re.
1.
2.
3.
4-
Total value, taken to Section A of Part I of this Return.
NOTE.—1. The description and situation of property should be Buch as to enable the property and Its boundaries to be clearly Identified.
2. Each item of immovable property should be listed, separately;, one below the other
374 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I I-ANNEXURE II
(See Section B of Part I of this Return)
Statement of Movable Assets located in India
Value Rs.
Description of Assets.
_
j
I. Fixed assets (other than immovable properties
included in Annexure T of this Return) :
(a) plant and machinery
(b) furniture and fittings
(c) patents, trade-marks, designs etc.
(d) vehicles
(e) all other fixed assets, excepting live stock.
I I. Investments :
(a) Stocks, bonds, securities ajnd Funds (including
Treasury Bills) of
CO Central Government
(li) State Governments
(Hi) Local authorities
(b) Debentures or bonds (but not sh ires) of Companies
(c) Any other Investments which are to be Included in
wealth (give details)
III. Current assets :
(a) Stores and Spare parts
(b) Loose tools (other than tools and Implements, excluding plant and machinery, used for raising agricultural produce, or Instruments and other apparatus used for scientific research).
(c) Sundry debtors
(d) Work-in-Progress
(a) Stock-in-trade
(f) Miscellaneous current astets
SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 275IV. T Loans and advances and other debii owing to the
company ("give details)
V. Cash at hand and bank balances
VL1 All other movable assets which ate not included in itemB I to V above end on which wealth-tax is payable
Total value"taken'to Section B
of Part I of this Return.
ANNEXURE III
(See Section C of Part I of this Return)
Statement of debts located in India owing by the company
Description of debt
Value Rs.
I. Secured Loans;
(a) Debentures
(b) Loans and advances from banks
(c) Loans and advances from subsidiaries
(d) Other loans and advances
II. Unsecured Loans:
(a) Fixed Deposits
(b) Loans and advances from subsidiaries
(c) Short term loans and advances
(d) Other loans and advances
i l l. Current Liabilities
(a) Sundry creditors
(b) Other miscellaneous items, (give details)
IV. Ascertained liabilities treated as contingent liabilities: (Gi\c details)
Total taken to Section C of Part I of this Return
Debts which are purely in the nature of contingent liabilities should not be included In his statement.
276 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-ANNEJOIRE IV
(See Section D of Part II of this Return)
IMMOVABLE PROPERTY LOCATED OUTSIDE INDIA
Description of the
Annual value
Place where it is situated
property
Rs.
Estimated Capital value on valuation date. Rs.
I
2
3
4
Total taken to Section D of Part II of this Return
ANNEXURE V
(See Section E of Part II of this Return).
Statement of Movable assets located outside India.
Description of Assets
Value Rs.
I. Fixed assets (other than immovable properties
included in Annexure IV).
(a) Plant and machinery
(b) Furniture and fittings
(c) Patents, trade marks, designs etc.
(dj Vehicles
(e) All other fixed assets, exceeding live-stock
II. Investments.
(a) Stocks, bonds, securities and Funds (including Treasury Bills) of Government of foreign countries
(b) Debentures or bonds (but not shares) of companies
(c) J Any other investments which [arc ["to be
included in wealth (give details)
:c. S(i)] THE GAZETTE OF INDIA EXTRAORDINARY 277III.
Current Assets.
(a) Stores and spare parts
(b) Loose tools (other than tools and implements excluding plane and ' machinery, used for raising agricultural produce, or instruments and other apparatus used for scientific research)
(c) 9 Stock-in-trade
(d) Works-in-Prcgressi
(e) Sundry debtors
(f) Miscellaneous current assets
Loans, advances and other debts owircg to the
IV.
company (give details).
V. Cash on hand and bank balances
VI. All other movable assets which aie net included in items I to V above and on which wealth-tax is payable.
Total taken to Section E of Part II of this Retvrn.
ANNEXURE VI
(See Secton. F of .Part II of this Return).
Statement of debts located outside India owing by the company
Value Rs.
Description of debt'.
I. Secured Loans
(a) Debentures
(b) Loans and advances from Banks
(c) Loans and advances from subsidiaries
(d) Other loans and advances
I I. Unsecured Loans :
(a) Fixed Deposits
(b) Loans and advances from subsidiaries
(c) Short term loans and advances
(d) Other loans and advances
III. Current Liabilities :
(a) Sundry Creditors
(b) Other miscellaneous \ terns (.give details)
278 THE GAZETTE OF INDIA EXTRAORDINARY [PART H—IV. Ascertained liabilities treated as cantingent liabilities (Give details)
Total takento Section F of Part II of this Return
Debts which are purely in the nature of contingent liabilities should not be included in this statement.
ANNEXURE VII.
(See Section G of Part III of this Return).
Statement of assets on which tax is not payable but which are to be included in net wealth under Section 5(2)
Value Rs.
Description of asset
No. and date of Noti- fication exempting from tax
Deposits with Central Government
Deposits with State Governments
Securities of the Central Government
Securities of the State Governments
Securities of local authorities
Total taken to Section G of Part III of this Return
Rs
FORM OF VERIFICATION.
I declare that to the best of my knowledge and belief the information given in the above statements is correct and complete and that no other asset required to be taken into consideration for computing the company's net wealth on the valuation date has been omitted.
resident
I further declare that the compary was——1—,— in India during the year ending on
not resident
the valuation date for which the return is made.
Place
(Signature of Principal Officer) Date
(Designation)
SEC 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 279FORM C
[See rule 4J
VOTICE OF DEMAND UNDER SECTION 30 OF THE WEALTH-TAX ACT, 1957.
To
Status
G.I.R. No.
This is to give you notice that for the assessment year a sum of Els. details of which are given on the reverse has been determined to be payable by you.
2. The amount should be paid to the Treasury Officer
Sub-treasury officer Agent, State Bank of India at Reserve Bank of India within 35 days of the service of this notice. The previous approval of the Inspect- days
ing Assistant Commissioner of Wealth-tax has been obtained for allowing a period of less than 35 days for the payment of the above sum. A chalan is enclosed for the purpose of payment.
3. If you do not pay the amount within the period specified above, you shall be liable to pay simple interest at four per cent per annum from the date commenc- ing after the end of the period aforesaid in accordance with sub-section (2) of section 31, of the Wealth-Tax Act, 1957.
4. If you do not pay the amount of tax within the period specified above, penalty {which may be as great as the amount of tax in arrear) may be imposed upon you after giving you a reasonable opportunity of being heard in accordance with section 221 of the Income-tax Act, 1961 read with section 32 of the Wealth-tax Act. 1957.
5. If you do not pay the amount within the period specified above, proceedings for the recovery thereof will be taken in accordance with sections 222 to 229, 231 and 232 of the Income-tax Act, 1961 read with section 32 of the Wealth-tax Act, 1957.
6. The assessment has been made under sub-section (5) of Section 16 of the Wealth-tax Act, 1957, because you failed to—
• Mak.1 the return of wealth under sub-section (2) of Section 14 comply with a notice issued under sub-section (2) of section 16 comply with a notice issued under sub-section (4) of section 16
7. If you intend to appeal against the assessment/fine/penalty you may present an appeal under sub-section (1) of section 23 of the Wealth-tax Act, 1957 to the Appellate Assistant Commissioner of Wealth-taxf— within thirty days of the receipt of this notice in the prescribed form, stamped and duly verified as 'laid down in that form.
8. The penalty payable by you has been imposed by the Inspecting Assistant Commissioner of Wealth-tax, under sub-seetion (3) of section 18 of the Wealth-tax Act, 1957. If you intend to appeal against the penalty, you may present an appeal under sub-section (1) of section 24 of the said Act, to the Appel- late Tribunal, within 60 days of the receipt of the order imposing the penalty in the form prescribed under sub-section (4) of section 24 of the said Act duly stamped and verified as laid down in that form.
Dated '. Wealth-tax Officer ..
Place
Circle/District
NOTES.—(1) If you wish to pay the amount by cheque^ the cheaue should be drawn in favour of the Treasury Officer/Sufe-treafsury Oflftcer/Agent, State Bank of India/reserve Bank of India.
(2) Delete the inappropriate words.
380 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—FORM D
(See proviso to rule 4)
NOTICE OF DEMAND UNDER SECTION 30 OF THE WEALTH-TAX ACT, 195? FOR PAYMENT OF TAX PROVISIONALLY ASSESSED UNDER SECTION 15C OF THE WEALTH-TAX ACT, 1957.
To
Status
G.I.R. No.
Please take notice that for the assessment year
the sum of has been determined to be payable by you Ks. under section 15C of the Wealth-tax Act, 1957.
2. The amount should be paid to
Treasury Officer
Sub-treasury Officer
at
Agent, State Bank of India
Reserve Bank of India
within 35 days of the service of this notice. The previous approval of the Inspect- days
ing Assistant Commissioner of Wealth-tax has been obtained for allowing a period of less than 35 days for the payment of the above sum. A chalan is enclosed for the purpse of payment.
3. If you do not pay the amount within the period specified above, you shall be liable to pay simple interest (at four per cent per annum) from the date com- mencing after the end of the period aforesaid in accordance with sub-section (2X of section 31 of the Wealth-tax Act, 1957.
4. Further if you do not pay the amount within the period specified above, penalty (which may be as great as the amount of tax in arrear) may be imposed upon you after giving you a reasonable opportunity of being heard in accordance with section 221 of the Income-tax Act, 1961 read with Section 32 of the Wealtk- tax Act, 1957.
5. If you do not pay the amount within the period specified above, proceedings for the recovery thereof wUl be taken in accordance with sections 222 to 229 and 231 to 233 of the Income-tax Act, 1961, read with section 32 of the Wealth-tax Act, 1957.
Dated —— 19
Place
Wealth-tax Officer
Ward/Circle
NOTES (1) H you wish to pay the amount by cheques, the cheque should be drawn in favour of the Treasury Officer Sub-treasury Officer/Agent, State Bank of India/Reserve Bank of India.
(2) Delete the inappropriate words.
Sec. 8(i)] THE GAZETTE OF INDIA EXTRAORDINARY 28 rFORM E
[See rule 5]
FORM OF APPEAL TO THE APPELLATE ASSISTANT COMMISSIONER OF
WEALTH-TAX UNDER SECTION 23 OF THE WEALTH TAX ACT, 1957
Wealth-tax Range — ——
@No. of 19 19 Name and Address of the Appellant
G.I.E. No.
Assessment year in connection with which the appeal is
preferred
Wealth-tax Officer passing the order appealed against
Section and sub-section of the Wealth-tax Act, 1957, under which the Weajth-tax Officer passed the order appealed against and the date of such order
Where the appeal relates to any assessment, penalty/fine,
the date of service of the relevant notice of demand
In any other case, the date of service of the intimation of
the order appealed against
Section of the Wealth-tax Act, 1957, under which the
appeal is preferred
•Belief claimed in appeal
Address to which notices may be sent to the appellant
Signed (Appellant)
Statement of Facts
Grounds of Appeal*
Signed (Appellant)
FORM OF VERIFICATION
I,
the appellant, do hereby declare that what is stated above is true to the best of my information and belief.
Signature
Place
Status of appellant Date
NOTES:—(1) The form of appeal, grounds of appeal and the form of verification, appended thereto shall be signed by a person in accordance with the provisions of section 15A of the Wealth-tax Act, 1957.
282 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(2) The memorandum of appeal,, statement of facts and the grounds of appeal must be in duplicate and should be accompanied by a copy of the order appealed against and the notice of demand in original, if any.
(3) Delete the inappropriate words.
(4) @The particulars will be filled in, in the office of the Appellate Assis- tant Commissioner.
(5) *If the space provided herein is insufficient, separate enclosures may be used for the purpose.
FORM F
[See sub-rule (1) of rule 6]
FORM OF APPEAL TO THE APPELLATE TRIBUNAL UNDER SUB-SECTION (1) OR SUB-SECTION (2) OF SECTION 24 OR SUB-SECTION (1) OF SECTION 26 OF THE WEALTH-TAX ACT, 1957
In the Income-tax Appellate Tribunal,
* Appeal No. of 19 19
Appellant Versus Respondent 1. The State in which the assessment was made.
2. Section under which the order appealed against was
passed.
3. Assessment year in connection with which the appeal
is preferred.
4. **The Wealth-tax Officer passing the original order.
5. •'Section of the Wealth-tax Act, 1957 under which
the W.T.O. passed the order.
6. **The Appellate Assistant Commissioner passing the
order under section 23(5)/18(l)/37(2).
7. **The Inspecting Assistant Commissioner passing the
order under section 18(3).
8. **The Commissioner passing the order under section
18/25.
9. Date of communication of the order appealed against.
10. Address to which notices may be sent to the
appellant.
11. Address to which notices may be sent to the
respondent.
12. @ ©Relief claimed in appeal.
@ ©Grounds of Appeal
1. 2. 3. 4.
etc.
Signed (Appellant) Signed
SEC. 3{i)] THE GAZETTE OF INDIA EXTRAORDINARY 283
VERIFICATION
I,
, the appellant do hereby declare that
day of 19 yhat is stated above is true to the best of my information and belief. Verified today the Dated: Address:
Signed
Status of Applicant.
2. The memorandum of appeal in the case of an appeal by an assessee must be accompanied by a fee of one hundred rupees. It is suggest- ed that the fee should be credited in the Treasury or a branch of the State Bank of India or a branch of the Reserve Bank of India after obtaining a chalan from the Wealth-tax Officer and the triplicate chalan sent to the Appellate Tribunal with the memorandum of appeal. The Appellate Tribunal will not accept cheques, drafts, hun- dies or other negotiable instruments.
3. The memorandum of appeal should be written in English and should set forth, concisely and under distinct heads., the ground of appeal without any argument or narrative and such grounds should be num- bered consecutively.
4. *The number and year of appeal will be filled-in in the office of the Appellate Tribunal.
5. **Delete the inapplicable columns. 6. @@If the space provided is found insufficient, separate enclosures may be used for the purpose.
FOKM G [See sub-rule (2) of rule 6] FORM OF MEMORANDUM OF CROSS OBJECTIONS TO THE APPELLATE TRIBUNAL UNDER SUB-SECTION (2A) OF SECTION 24 OF THE WEALTH- TAX ACT, 1957
In the Income-tax Appellate Tribunal,
* Cross Objection No. of 19 -19 . **In Appeal No. of 19 -19 . Appellant Versus Respondent
1. *'Appeal No. allotted by the Tribunal to which
memorandum of cross objections relates.
2. The State in which the assessment was made.
3. Section under which the order appealed against was
passed.
4. Assessment year in connection with which the memo-
randum of cross objection is preferred.
5. Date of receipt of notice of appeal filed by the appel-
lant to the Tribunal.
6. Address to which notices may be sent to the respon-
dent (cross objector).
7. Address to which notjees may be sent to the appellant.
, i*_—'.... •-„———.
, — , — — —. „ 8. @@Relief claimed in the memorandum of cross
objections.
@ ©Grounds of Cross'Objections
- . 8, THE GAZETTE OF INDIA EXTRAORDINARY [PART II—1.
2.
3.
4.
etc.
Signed
(Respondent)
(Authorised representative, if any)
VERIFICATION
, the respondent to hereby declare that I(
day of 19 what is stated above is true to the best of my information and belief. Verified to-day the Place — ——
Signed.
NOTES:—1. The memorandum of cross objections must be in triplicate.
2. The memorandum of cross objections should be written in English and should set forth, concisely and under distinct heads of the cross objections without any argument or narrative and such objections should be numbered consecutively.
3. *The number and year of memorandum of cross objections will be filled in, in the office of the Appellate Tribunal.
4. **The number and year of appeal as allotted by the office of the Tri- bunal and appearing in the notice of appeal received by the respon- dent is to be filled in here by the respondent.
5. @@If the space provided is found insufficient separate enclosures may be used for the purpose.
FORM H
[See rule 7]
FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957
Before the Income-tax Appellate Tribunal
The day of 19 In the matter of the assessment to wealth of
—
for the assessment year
R.A. (W.T.) No.
of 19 -19
(To be filled in by office)
iMN Versus
(Applicant)
(Respondent) State from which the Application is filed Name and number of the appeal which gives rise to tbe
Reference
"Efte Applicant states as follows: —
SEC. 3(1)] THE GAZETTE OF INDIA EXTRAORDINARY 2g*1. That the appeal noted above was decided by the Appellate Tribunal,
on—-~.~-— —
2. The notice of the order under sub-section (5) of section 24 of the 'Wealth- tax Act, 1957 was served on the applicant on- —
3. That the facts which are admitted and/or found by the Appellate Tribunal, and which, are necessary for drawing up a statement of the case, are stated in the enclosure for ready reference.
4. That the following questions of law arise out of the order of the Appellate Tribunal: —
(1) . __ . _
(2) _ __ . __ _. _ — — —_
(3) . . , . . . . ^— __
5. That the applicant, therefore, requires under sub-section (1) of section 27 •of the Wealth-tax, Act, 1957, that a statement of the case be drawn up and the •questions of law numbered — • out of the questions of law referred to in paragraph 4 above be referred to the High Court.
6. That the documents or copies thereof, as specified below (the translation in English of the documents, where necessary, is annexed) be forwarded to the "High Court with the statement of trre case.
Dated-
:
Address—— -— - — •
Signed
(Applicant)
Date —
Signed.
(Authorised representa- tive, if any)
NOTES:—1. The application must be made within sixty days of the date upon which the applicant is served with the order of the Appellate Tribunal which gives rise to the reference.
2. The application must be accompanied by a fee of one hundred rupees except where the applicant is the Commissioner of Wealth-tax It is suggested that the fee should be credited in the Treasury or a branch of the State Bank of India or a branch of the Reserve Bank of India will not accept cheques, drafts, hundies or other negotiable instru- after obtaining a challan from the Wealth-tax Officer. The Tribunal ments.
286 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-FORM I
[See sub-rule (1) of rule 9]
APPLICATION FOR INFORMATION UNDER SECTION 42B OF THE WEALTH-
TAX ACT, 1957
To
The Commissioner of Wealth-tax,
Sir,
I request you to furnish information relating to —
(here give name, status and complete address of the assessee) in respect of the assessment year commencing on the 1st day of April, 19 on the following points: —
1.
2.
3.
4.
5.
etc.
2. The above information Is required by me for the following reasons: —
1.
2.
etc.
Signature of the applicant—
Name of the applicant (in capital
letters)
Father's/Husband's name————
Full address
Dated 19
NOTES: — (1) A separate application has to be made in respect of each assessee and in respect of each assessment year.
(2) Kegarding status, state whether the person about whom the infor- mation is required is an individual, Hindu Undivided family or Company.
FORM J [See sub-rule (2) of rule 9] FORM FOR FURNISHING INFORMATION UNDER SECTION 42B OF THE WEALTH-TAX ACT, 1957
Office of the — •
Date
To
With reference to your application dated under section 42B of the Wealth-tax Act, 1957, requesting Information relating to In rospect of the assessment year commencln" on the 1st day ot April 19— the
c,c. 3(0] THE GAZETTE OF INDIA EXTRAORDINARY 2gTsaid information/information respecting items No.- — —of the sal* application is given below:—
Name and address of the
assessee
~
—
Status Assessment year
'" 1. 2. . 3. 4. 5.
etc.
2. 1/Commissioner of Wealth-tax,
amMs satis- fled that It is not in the public interest to furnish Information respecting itentB. No. of your application and the information relat- ing thereto is accordingly refused.
(Seal)
Signature of the authority furnishing the information..
NOTE:—Delete Inappropriate words.
FORM K
[See sub-rule (3) of rule 91 FORM FOR INTIMATING NON-AVAILABILITY OF INFORMATION UNDER' SECTION 42B OF THE WEALTH-TAX ACT, 1957
Office of the
.•——
Dated
No.
To
With reference to your application dated —
under section 42B of the Wealth-tax Act, 1957, requesting Information relating to In respect of the assessment year commencing on the 1st day of April 19 I am to Inform you that the said Information Is not yet available/no assessment for the aforesaid assessment year has been made- Ir. his/her/their case.
(Seal) Signature
NOTE.—Delete Inappropriate words.
FORM L
[Sec sub-rule (4) of rule 91 REFUSAL TO SUPPLY INFORMATION UNDER SECTION 42B OF THE WEALTH-TAX ACT, 1957
Office of the
Dated
N o. To
With reference to your application dated
under section 42B of the Wealth-tax Act, 1957, requesting for Information relating to
In respect of the assessment year commencinjr 288 THE GAZETTE OF INDIA EXTRAORDINARY [PART l i-
the 1st day of April 19 ——-—- I am to say that I am satisfied that it will not be in the public interest to furnish the information asked for and I therefore decline to furnish the same.
(Seal) Signature ——
FORM M
[See sub-rule 11 of rule 10]
"WARRANT OF AUTHORISATION UNDER SECTION 37A OF THE WEALTH- TAX ACT, 1957
The Inspecting Assistant Commissioner of Wealth-tax,
The Wealth-tax Officer,
Whereas information has been laid before me and on the consideration thereof 1 have reason to believe that
a summons under sub-section (1) of section 37 of the Wealth-tax Act, 1957 or a notice under sub-section (4) of section 16 of the Wealth-tax Act, 1957, was issued by the Inspecting Assistant Commissioner of Wealth- tax/Wealth-tax Officer to name of the person) on (date) to produce, or cause to be pro- duced, books of account or other documents specified in the relevant summons or notice and he has omitted or failed to produce, or cause to be produced, such books of account or other documents as required by such summons or notice;
a summons under sub-section (1) of section 37 of the Wealth-tax Act, 1957 or a notice under sub-section (4) of section 16 of the Wealth-tax Act, 1957, has been issued by the Inspecting Assistant Commissioner of Wealth-tax/Wealth-tax Officer, J to (name of the person) on , (date) to produce, or cause to be produced, books of account or other documents specified In the relevant summons or notice and he will not produce or cause to be produced, such books of account or other documents as required by such summons or notice;
If a summons under sub-section (1) of section 37 of the Wealth-tax Act, 1957 or a notice under sub-section (4) of section 16 of the Wealth- tax Act, 1957, is issued to (name of the person) to produce, or cause to he produced, books of account or other docu- ments which will be useful for, or relevant to, proceedings under the Wealth-tax Act, 1957, for the assessment year/years commencing on he would not produce, or cause to be produced, such books of account or other documents as required by such summons or notice:
Sarvashri/Shri/Shriniati are/is in possession of articles or things (including money) wholly disproportionate to their/his/her known assets, particulars of which will be useful for, or relevant to, proceedings under the Wealth-tax Act, 1957;
And whereas I have reason to suspect that such books of account, other docu- ments, articles or things (Including money) have been kept and are to be found at . .. (specify particulars of the building or place). This is to authorise and lequire you (name of the Inspecting Assistant
^Commissioner of Wealth-tax or the Wealth-tax Officer)—
(a) to enter and search with the assistance of
1
2
3
the said premises;
SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 289
(b) to place Identification marks on such books and documents as rnav be found in the course of the search and as you may consider relevant to or useful for the proceedings aforesaid and to make a list thereof together with particulars qt the identification marks;
(c) to examine such books and or documents and make, or cause to be made, copies or extracts from such books and documents; (d) to seize such books and/or documents, and take possession thereof;
(e) to convey such books or documents to the office of the Inspecting Assis- tant Commissioner of Wealth-tax or any other authority not below the rank of a Wealth-tax Officer employed In the execution of the Wealth-tax Act, 1857; and
(f) to "Jterds* all other poweri and perform all other duties under the said section and the rules relating thereto.
Commissioner of Wealth-tax.
[No. W.T. 2/1965 (2/5 65-W.T.).] JAGDISH CHAND, Secy
NUNTKD IN UfBU. BY t Bt QEOTRAL MAHAOKR, OOVEHNMtNT OF INDIA PRESS,