The Central Board of Direct Taxes (CBDT) administers income tax in India and has authority over the entire income tax department. It has powers to issue rules and circulars, determine jurisdictional authorities, and authorize powers to income tax officers from Assessing Officers to Principal Chief Commissioners. Assessing Officers have primary powers related to assessments, searches, surveys, and collection of tax, while Commissioners have revisionary and supervisory powers over Assessing Officers.
The Central Board of Direct Taxes (CBDT) administers income tax in India and has authority over the entire income tax department. It has powers to issue rules and circulars, determine jurisdictional authorities, and authorize powers to income tax officers from Assessing Officers to Principal Chief Commissioners. Assessing Officers have primary powers related to assessments, searches, surveys, and collection of tax, while Commissioners have revisionary and supervisory powers over Assessing Officers.
The Central Board of Direct Taxes (CBDT) administers income tax in India and has authority over the entire income tax department. It has powers to issue rules and circulars, determine jurisdictional authorities, and authorize powers to income tax officers from Assessing Officers to Principal Chief Commissioners. Assessing Officers have primary powers related to assessments, searches, surveys, and collection of tax, while Commissioners have revisionary and supervisory powers over Assessing Officers.
Income Tax is a direct tax and is administrated by the
Central Board of Direct Taxes ( CBDT) which directly comes under the purview of Ministry of Finance, Government of India. Central Board Of Direct Taxes
•I is a statutory body constituted under the Central Board of
Revenue Act, 1963 • It consist of number of members appointed by the central Government for the performance of duties, as may be entrusted to the board from time to time. • The entire Income tax department is to be looked after by the board. It has to perform the functions of administration, supervision and control of entire income tax structure in India. • Its jurisdiction is whole of India. POWERS: The Income Tax Act provides following few powers to the Board: 1. The board has the power to declare any association as a Company under the provisions of Section 2(17). 2. The board has the authority to determine the jurisdiction of various authorities mentioned in the Act. 3. The board will be empowered to issue directions or instructions in respect of levy of penalty under section 271C or 271CA for failure to deduct or collect tax at source. 4. The board can issue directions for the exercise of powers and performance of the functions by all or any of these authorities. 5. The board may authorize different powers to different officers in the hierarchy. 6. To carry out all the provisions of the act the Board makes rules for whole of India. 7. The Board is empowered to issue general or specific circulars or orders which are necessary for the proper and efficient management of the work of assessment and collection of revenue. 8. The CBDT has the authority Taxation Laws Act 1975 to make rules regarding maintenance of accounts and documents required for assessment of income taxes. PRINCIPAL DIRECTOR GENERAL/PRINCIPAL CHIEF COMMISSIONER/DIRECTOR GENERAL/CHIEF COMMISSIONER OF INCOME TAX:
•APPOINTMENT: Appointed by the Central
Government. •JURISDICTION: Decided by the CBDT based on the area, persons, incomes and cases. POWERS:
1. PDG/PCC/DG/CC-IT can authorize a Deputy Commissioner to make use of
(exercise) the powers of an Assessing Officer in respect of a person, case, income or an area. 2. These authorities may be empowered by the board to appoint income tax authorities below the rank of an Assistant Commissioner. 3. These authorities have the power to exercise the powers of Assessing officer, in case he has reason to suspect that any income is being concealed or is likely to be concealed by an assessee coming within his jurisdiction. 4. The directors are empowered to issue directions to the Assessing Officers and such instructions are issued for their guidance and are binding on them. PRINCIPAL DIRECTOR/PRINCIPAL COMMISSIONER/COMMISIONER/DIRECTORS/ADDITIONAL COMMISSIONER/ADDITIONAL DIRECTORS OF INCOME- TAX:
• APPOINTMENT: Appointed by the Central Government.
• JURISDICTION: Decided by the CBDT based on the area, persons, incomes and cases. • POWERS: 1. Under the directions of the board, a Commissioner may exercise the powers of an assessing officer. 2. A Commissioner has the authority to transfer any case from one or more assessing officers to any other assessing officers. 3. The commissioner has been empowered to grant approval for any order issued by the Assessing Officer. 4. The commissioner has the power to revise an order passed by Assessing Officer, if in his opinion is against the interest of the revenue collection. JOINT COMMISSIONER/JOINT DIRECTORS OF INCOME TAX:
• APPOINTMENT: Appointed by the Central Government.
• JURISDICTION: Decided by the CBDT based on the area, persons, incomes and cases. • POWERS:
1. He is empowered to levy additional income tax on companies in which
people are not substantially interested. 2. He is authorized by the board to exercise the powers of an assessing officer. 3. He has the power to cancel the registration of a firm which is not a genuine firm. ASSESSING OFFICER (DEPUTY COMMISSIONER/ASSISTANT COMMISSIONER/ INCOME TAX OFFICER):
• The Assessing Officer is the primary authority to initiate assessment
proceedings and make assessment. He is the only authority to collect tax. He is the authority which comes into contact with the public. • JURISDICTION:
a) Decided by the CBDT
b) Instructions by DG/CC/C-IT. c) Concurrent Jurisdiction. d) Dispute regarding Jurisdiction. POWERS: 1. Power of Search and Seizure. 2. Power of Assessment. 3. Power to call for information. 4. Power of Survey. 5. Power to inspect Registers of Companies.
INCOME TAX INSPECTOR:
APPOINTMENT: Appointed by the CC or C-IT and are subordinate to Assessing Officers.They assist the AO’s in performance of their duties.