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 DIRECT TAXES
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";
(257)
258 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(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 Assistant Commissioner.— (1) An appeal under section 23 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 the1 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.
B. 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.
f2) 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 (1) 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:—
SEC 8(i)] 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 writing under his signature; (ii) bear his seal, and
(iii) authorise the Inspecting Assistant Commissioner or the Wealth-tax Offic-ei, as the case may be, to enter and search any buildinff cr place specified therein and to exercise the powers and perform the functions under sub-section (1) of section 37A.
(3) 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, who according to custom does not appear in public the Inspecting Assistant Commissioner or the Wealth-tax Officer, as th" 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 ths 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.
(6) Th" Inspecting Assistant Commissioner or the Wealth-tax Officer, as the case may be, shall, immediately before making the search, call wpon 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 Ii3t 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 [PA*T II—(11) The authorisation oi the Commissioner referred to in sub-n.de (2) shall be in Form. M.
11. Prescribed authority-—The 'prescribed authority' lor 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.".
FORMA
Form of return of Net Wealth under Sub-seetion (l) Or (a) of Section 14 of the Wealth-Tax Act, 1957.
(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 Not a citizen of India Resident but not ordinarily resident in India
Not resident in India.
Residential Address
STATEMENT OF ASSETS AND DEBTS AS ON THE VALUATION DATE
PART I—Asset* locaud in India.
Business Other asset* assets Valuo Value Rs.
R".
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):—
(i) Immovable property held as assets of a business—as per Armcxure I
(u) Other immovable property—as per Annexure II . .
Total of Section A
SECTION B—MOVABLE PROPERTY.
Total value of all movable properties located in India :—
(1) Movable properties held as assets of a business—as per
Annexure 111
(*V) Other movable properties—as per Annexure IV. . .
T O T AL of S e c t i on B
•
Please read the notes on the last page of the return before filling up the form.
fcc. 5(0] THE GAZETTE OF INDIA EXTRAORDINARY 261Business Other assets assets Value Value Rs. 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 :—
(*') Relating to business—as per Annexure V.
(i"0 Other Debts—as per Annexure VI . , . .
Balance : Wealth in India
PART II—Assets located outside India
(NOTE:—This part is not applicable to, and need not be filled in by assessces who are not citizen* 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 :—
(*) Immovable properties held as assets of a business—as per
Annexurc VII
(it) Other immovable properties—as per Annexure VIII . —
TOTAL of Section D . .
SECTION E—MOVABLE PROPERTY.
Total value of all movable properties located 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 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 asscsace :—
(0 Relating to business—as per Annexure XI. . .
(if) Other debts—as per Annexure XII
Balance : Wealth outside India . .
262 T HE GAZETTE OF INDIA. EXTRAORDINARY [PART J I-PART irr
Relating to Not rclat- businesa ing to
business
i
Ra. Rs. 2 3 SECTION O—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 agsessee under section 4(1)
Value of AssetSj as per Annexure XIV, on 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 this Part is Optional. In this Part may be shown any assets which are not included in Part I, II and III or the Annexures referred to therein, but the assessee claims to be not taxable for any rcaBon.)
Description of Asset Reason why exemption is claimed
1.
2.
3.
4-
5-
6.
7-
Sh& 8{i)] THE GAZETTE OF INDIA EXTRAORDINARY 263ANNEXURE 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.
Description of Property Estimated capital Identification of Property (If the property is lease- Annual value value on valuation
hold for a term of years3 date
the unexpired
terra as on the valuation Rs. Rs.
dates should be stated)
1
2
3
4
5
Total value taken to Section A of Part I of this Return
NOTE.—1. 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 buildings in the imme- diate vicinity of such land used for agricultural purposes) located in India, other than those inclu- ded In Annexure I.
Description of property Estimated capital Identification of Property (If the property IB lease- Annual value value on valuation
hold for a term of years, date the unexpired term as Rs. Rs. on the valuation date should be stated
I
2
3
4.
5
Total value taken to Section A of Part I of this Return
NOTE.— 1. 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 [PA"T I I-ANNEXUKB III
{Set Section B of Part I of this Return)
Statement of Movable property located In India and held as assets of a business
Value Description of the assets Rs.
1. Plant and machinery
2. Furniture and
fittings
, 3. Patent rights, copyrights, etc.
4. Vehicles
5. Stores, spore 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
10. 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
ANNEXURB 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.
j. (a) Stocks, bonds, Securities and Funds (Including Treasury Bills)
of :—
(") Central Government (ffi) Stato Governments (til) Local authorities
(6) Shares, debentures or bonds of companies.
Sic. S(I)] THE GAZETTE OF INDIA EXTRAORDINARY 265Description of the assets Value
Rs.
a, (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 asscssec which remain unpaid.
(c) Amounts covered by insurance policies which have become due
and payable but not paid.
(
3. Value of the share or other interest as a partner in a partnership firm
or member in an asociation of persons. (Gove Details.)
4. Annuity rights (other than pension or other annuity rights in res- pect of past employment as a salaried'employee or annuities which are not commutable).
5. Tools and instrumrnts etc., to enable the aasessee to carry on his
profession or vocation.
(Mention profession of vocation).
Rs.
Less: Exemption Rs. 20,000
6. (a) Gold ornaments :—
Description weight ,
(b) |Gold in any form other than gold ornaments":
Description weight
(c) Jwellery other than gold ornaments :
Description weight
7. Other assets not included in the above items. (Give details) :—
• • •
Total value taken to section B of Part I of this Return
:266 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT I I-AKNEXURE 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 Ra.
i. Secured Loans . 2. Unsecured Loans
3. Trade Creditors 4. Other items Cgive details.) ,
Total business debts taken to Section C of Part I of this Return ..
ANNEXUKB VI
(Se" Section C of Part I of this Return)
Statement of detbs located in India owing by the assesBee other than those included in Annexure V
Description of debt
Value Rs.
Total non-businesB debts taken to Section C of Part I of this Return
NOTE.—Debts which have been incurred for acquiring assests which are exmpted from wealth laXj or forutilisation on such assets, or debts which have been secured for repayment on such assets •should not be included in Annexure V or VI.
*$Debts which are purely in the nature of contingent liabilities should not be included in these Statements.
ANNEXUKE 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 1 Value
Estimated capital value as on valuation date
Rs.
Rs.
1,
2.
3-
Total value taken to section D of,Part II of this Return
SEC B(l)] THE GAZETTE OF INDIA EXTRAORDINARY 267ANNEXURE VIII
(See 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 is
situated
Annual value
Estimated capital value as on valuation Description of the property
Rs.
date Rs.
K
I.
2. .
•a
4.
Total value taken to Section D of Part II of this Return
ANNEXURE IX
(Set Section E of Part II of this Return)
Statement of movable property located outside India and held as assets of a business
Description of assets
Value Rs.
1 Plant and Machinery
. . . . •
2. Furniture and fittings
3. Patent rights, copyrights etc
4. Vehicles
5. Stores, spate parts, tools and instruments . , ,
6. Stock-in-trade
7. Sundry debtors
8. Loans and advances owing to the assessce . . ..
9, Cash in hand and at Bank . . . . ..
10. All other assets, except those on which wealth-tax is not pay-
able (give details).
Total taken to Section E of Part II of this R e t u rn
368 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-ANNHXUREX
(5"" Section E of Part II of the Return)
Statement of Movable Property (non-business assets) located outside India.
Description of assets
Value
Rs.
Stocks, bonds, securities
i. GO
(i) Of any Governmant or local •uthority[in India inscribed for
payment outside India
(ii) Of foreign Governments.
Shares, debentures or bonds of companies.
(b)
Z. (a) Moneys lent out by way of loans or advances and interest accrued due therein upto the valuation date.
Any other amounts due to the asscssee which[remain unpaid
(b)
9BC 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
Uncashed dividends, interest etc.
(d)
Moneys in hand 01 in banks
(e)
3. Value of the share or other interest as a partner in a partnership firm 01
member in an association of persons (Give details).
4- CO
(b)
(e)
Gold ornaments: Description Weight Gold in any form other than gold ornaments. Description Weight Jewellery other than gold ornaments : Description Weight
Other assets not included in the above items
5.
(give details)
. ' . . ..
Total taken to Section E of Part II of this Return
ANNHXURB XI
(Set Section F of Part II of this Return)
Statement of debts located outside India owing by the assesaec, relating to a business carried
on by him.
Description of debt
Value Rs.
Secured Loans . Unsecured Loans Trade creditors . Other items(give details)
I. 2. 3- 4-
Total business debts taken to Section F of
Part II of this Return
270 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—ANNEXURE XII
(See Section F of Part II of this Return)
Statement of debts located outside India owing by the assessee other than those included In
Annexure XI
Description of debt
Value Rs.
Total non-business debts taken Part II
to Section F of 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. Dcbtg which are purely in the nature of contingent liabilities shou Id not be in- cluded in Annexure XI or XII.
ANNEXURE XIII
(See Section G of Part III of this Return)
Statement of assets transferred by the assessce to or for the benefit of the ipouse or minor
child, etc
Value RB.
Description of assets Date of transfer
Name of transferee
(a) which are to be included in the net wealth of the fl3sessee [Sec.
4(1)1
Total value taken to section G of Part III of this Section.
of the assessee for assessment year comm- (b) which are not to be included in the net wealth
encing after 31-3-64 [Proviso to Sec. 4 (1)]
ANNEXURE XIV (See section G of Part III of the Return)
StateBtnet 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
Sic. 5(1)] THE GAZETTE OF INDIA EXTRAORDINARY 2 7FFORM 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 as act 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 not ordinarily resident in I/idiar the family a citizen of not resident in India
during the year ending on the valuation date for which the Return is made.
Plau
(Signature of assessee)
Status: Individual
Date
Karta, Hindu undivided family.
NOTE:—i. 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 is mentally incapacitated from attending to hia 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 the return, by any person competent to act on his behalf;
(b) in the case of Hindu Undivided Family, by the Karta, and where the Karta i* absent from India or is mentally incapacitated from attending to his affairs,, by any other adult member of such 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 the estate distributed to or applied to the benefit of any specific legatee of the estate prior to that valuation date shall be excluded but the assets so excluded shall, to the extent such assets arc held by the legatee on any valuation datej 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 under 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 India 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 or1 the date of the closing' of accounts Immediately preceding the valuation date, and a copy of the Auditor's Report and Certificate should be enclosed to this Return.)
272 THE GAZETTE OF INDIA EXTRAORDINARY [PART H-PART I.—
Assets located in India
Value RB.
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 Anncxure I
SECTIONB.—MOVABLE PROPERTY :
Total value of all movable properities located in India—as per Annexurc II.
SECTION C ALL ASSETS :
Total value of all assets located in India (Total of sections A and B)
Dtduct: Total value of debts in India owing by the company—as per
Anncxure I I I.
Wealth in India
PART 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 im:nflVable properties located outside India—iaa pcrAnnexurelV.
SECTION Er-MOVABLE PROPER TY :
Total value of all ra ivable properties located outside India—as per AnnexureV.
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
PART III.
Value Ri SECTION Or-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.
Add : Value of assets, as per Anncxure VII on which tax is not payable but which is to be Included in the net wealth under section 5(2).
NET WEALTH
PART IV.
NOTE.—The fllHnff up of this Part h optional. In this Part may be shown any assets which are not included in PartB I, II and I II or the Ancexure referred to thereinbut which the Company claims to be not taxable for any rear, on.
Description of the Asset Reason why exemption is claimed
1 1
I.
2.
3-
4-
5-
ANNHXURB I,
dStt Section A of Part I of thU Return)
Statement of Immovable Property (other than agricultural land and buildings in the lmniJlate vicinity of such laaJ mod for agricultural purposes.)
IMMOVABLE PROPERTY LOCATED IN INDIA
Annual value Estimated Capital Identification of property
vahio on valuation date.
Description of property. (If the property Is leasehold for a term of years, the unexpired term as on the valuation date should be stated)
Rs. Rs.
1.
a.
3-
4-
Total value, taken to Section A of Part I of this Return.
NOTE.—1. 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
2 74 T HE GAZETTE OF INDIA EX1"RAOKUIJNAKY [I'ART II—ANNEXURB II
(See Section B of Part I of this Return)
Statement of Movable Assets located in India
Description of Assets.
Value Rs.
I. Fixed 93sets (other than Immovable properties
included in AnnexUrc I of this Return) :
Ca) plant and machinery
(b) furniture and fittings
(c) patents,trade-marks, designs etc.
(d) vehicles
(e) all other fixed assets, excepting live stock.
II. Investments :
(a) Stocks,bonds,securities afid Funds (including
Treasury BUIB) of
(1) Central Government
(ii) State Governments
(Hi) Local authorities
• (b) Debentures or bonds (but not shares) 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
(©) Stock-in-trade
(f) Miscellaneous current assets
SEC. 3
IV.T Loans and advances and other debtn owing to tht
company (give details')
V. Cash at hand and bank balances
VI. All other movable assets which arc not included
in items I to V above and on v, /hich wealth-ttx
is payable
Total value taken to Section B of Part I of thia 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:
i,a) | Debentures
(b) Loans and advances from bankb "
(c) Loans and advances from subsidiaries
(d) Other loans and advances
II. Unsecured Loans:
(a) Fixed Deposits J
(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 items, (give details)
IV. Ascertained liabilities treated as contingent liabilities: (Give 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 this statement.
j76 THE GAZETTE OF INDIA EXTRAORDINARY [PAW H-ANKEXUBEIV
(See Section D of Part II of this Return)
IMMOVABLE PROPERTY LOCATED OUTSIDE INDIA
Description of the
Estimated Capital Place where Annual value it is situated
property
value on valuation
Ra.
Rs.
2
3
4
Total taken to Section D of Part II of this Return
ANNBXUKE V
(See Section E of Part II of this Return).
Statement of Movable assets located outside India,
Description of Assets
Value RB.
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.
(d) Vehicles
(e) All other fixed assets, exceeding live-stock
II. Investments.
(a) Stocksj bonds, securities and Funds (including Treaiury Bills) of Government cf foreign countries
(b) Debentures or bonds (but not shares) of companies
(c) 5 Any other investments which [are [to be
included in wealth (give details)
fca 8(i)] THE GAZETTE OF INDIA EXTRAORDINARY 2 77III. Current Assets.
(a) Stores and spare parts
fb) Loose tools (other than tools and implements excluding plane and machinery, used for raising agricultural produce, cr instruments and other apparatus used fcr scientific research)
(d) Works-in-Progrc6f|
(e) Sundry debtors
IV. Loans, advances and other debts owing to the
company (give details).
V. Cash o>n hand and bank balances
VI. All other ni&vable assets which are not included in items I to V above and o"i which wealth-tax is payable.
Totaltakcn to Section E of Putt II of this Return. —• '—'—<• •
ANNBXURE VI
(See Secton F of Part II of this R e t u r n ).
Statement of debts located outside India o w i ng by t he 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
II, Unsecured Loans :
(a) Fiied Deposits
(b) Loans and advances from subsidiaries
(c) Short term loans and advances
(d) Other loans and advances
III. Current Liabilities :
(a) Sundry Creditors
(t>) Other miscellaneous items itlve details)
378 THE GAZETTE OF INDIA EXTRAORDINARY [PAW I I-IV. AiCertained liabilities treated as c wtingent liabilities (Give details)
Total taken to 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 Vir.
(See Section G of Part III of thiB 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 S tate Governments
Securities of local authorities
Rs
Total taken to Section G of Part III of this Return 1
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 conaideratk n for computing the company's net wealth on ihi; valuation date .has been omitted.
resident
I further declare that the compary was—,—^-——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)
FORM C
[See rule 4]
NOTICE 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 Hs, —• ——~ — 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 85 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/flne/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-tax^————— —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-section (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 verifleH 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 cheque should be drawn in favour of the Treasury Offlcer/Sute-treasury Officer/Agent, State Bank of India/reserve Bank of India.
(2) Delete the inappropriate words.
386 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT n-FORM D
(See proviso to rule 4)
NOTICE OF DEMAND VNDER SECTION 30 OF THE WEALTH-TAX ACT, 1951 FOR PAYMENT OF TAX PROVISIONALLY ASSESSED UNDER SECTION 15C OF THE WEALTH-TAX ACT, 1907.
To
Status
G.I.R. No.
Please take notice that for the assessment year—
the sum oi has been determined to be payable by you Rs. 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 (2)i of section 31 of the Wealth-tax Act, 1967.
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 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 220 and 231 to 233 of the Income-tax Act, 1961, read with section 32 of the Wtalth-tax Act, 1957.
Dated— 19 •
Place —•
Wealth-tax Officer
Ward/ Circle—•
Nona.—(1) H you wish to pay the amount by cheques, the cheque should b" drawn In favour of the Treasury Officer Sub-treasury Officer/Agent, State Bank of India/Reserve Bank of India.
(2) Delete the inappropriate words.
fcc. 8(1)] THE GAZETTE OF INDIA EXTRAORDINARY 2&rFORM S
[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
Q.I.R. 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, 1937, under which the Wealth-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
•Relief 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 VEROTCATTON
I, ——
the appellant, do hereby declare that what is stated.
above Is true to the best of my information and belief.
Signature
Place
i
Status of appellant Date
Nona:—(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, 1937.
\3&Z THE GAZETTE OF INDIA EXTRAORDINARY ITAKT I I-(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. " T he 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.
e t c'
Signed (Appellant) Signed
(Authorised Representative, if any)
SEC 5(1)] THE GAZETTE OF INDIA EXTRAORDINARY 283VERIFICATION
I, —— • •—, the appellant do hereby declare thpt what is stated above is true to the best of my information and belief. Verified today the
day of 19
Dated: Address:
Signed
;
Status of Applicant.
NOTES:—1. The memorandum of appeal must be in triplicate and should be accompanied by two copies (at least one of which should be a certi- fied copy) of the order appealed against and two copies of the rele- vant order of the Wealth-tax Officer.
2. The memorandum of appeal in the case of an appeal by an assessee must bt 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. *Th"e number and year of appeal will be fllled-in in the office of the Appellate Tribunal.
5. **Delete the inapplicable columns. 6. @(ffilf the space provided is found insufficient, separate enclosures may be used for the purpose.
FORM 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 . of 19 -19 . •*In Appeal No. 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 notices may be sent to the appellant.
8. @@Relief claimed in the memorandum of cross
objections.
@©Grounds of Cross Objections
28X THE GAZETTE OF INDIA EXTRAORDINARY [PA"T II—1.
2.
3.
4.
etc.
Signed
(Respondent)
(Authorised representative, if any)
VERIFICATION
I,
, the respondent to hereby declare that what is stated above is. true to the beat of my information and belief.
day of 10 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 -1£
(To be filled in by office)
— Versus
(Applicant)
(Respondent) State from which the Application is filed—— — — Name and number of tha appeal which glvOT riae to fh*
Rafertnce
The Applicant states as follows: —
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, ^957 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 the case.
Dated
Address ••—
Signed
(Applicant)
Date
Signed.
(Authorised representa- tive, if any)
WOTES:—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 applicatioh 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 II—FORM I
[See sub-rule (1) of rule 9]
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) Regarding 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 SLCTION 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 respect of the assessment year commencing on the let daiy ot April 19— the
c"C- 3(1)] THE GAZETTE OF INDIA EXTRAORDINARY 2 87said information/Information respecting items No. of the said' 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, ——— — am/tis satis- fled that it is not in the public interest to furnish information respecting items. F° 71 1—] " —~. ~~ of y o ur application and the Information relat- ing thereto Is accordingly refused.
(Sea!)
Signature of the authority furnishing the information..
NOTE:—Delete inappropriate words.
FORM K
[See sub-rule (3) of rule 9]
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 la not yet available/no assessment for the1 aforesaid assessment year has been made In his/her/their case,
(Seal)
Signature • —— — _.
NOTE.—Delete inappropriate words.
FORM L
[See sub-rule (4) of rule &1 REFUSAL TO SUPPLY INFORMATION UNDER SECTION 42B OF THE' WEALTH-TAX ACT, 1957
Office of the
Dated -
No.
To
Wt^h 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 commencing on-
the 1st day of April 19 I am t0 say that I am satisfied that It will not te 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 JJ 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 18 of the Wealth-tax Act. 1957, has been 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 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 be 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 p 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/Shrimati. 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 (specify particulars of the building or place). This is to at (name of the Inspecting Assistant authorise and require you
-Commiasloner of Wealth-tax or the Wealth-tax Officer)—
(a) to enter and search with the assistance of
1
2
3
the said premises;
SEC „, j i GAZETTE OF INDIA EXTRAORDINARY 289(b) to place Identification marks on such books and documents as mav 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 of 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, 1957; and
(f) to exercise all other powers 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.).l JAGDISH CHAND. Secy
PRINTED IN INDIA BT THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS,
JWW DELHI AJJB FUBtlSHBD K THB MANAGER OF PUBLICATIONS, DIXHI, 1 9 65
- 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 42B owing to the fact that the relevant assessment has not been completed, he shall inform the applicant in Form K. (4) 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). ↩