Section 46:
Power to make rules.
(1) The Board may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this
section may provide for—
(a) the manner in which the market value of any asset may be determined;
(b) the form in which returns under this Act shall be made and the manner in which they shall be
verified;
1
(ba) the documents, statements, receipts, certificates, audit reports, reports of registered valuer
or any other documents which may not be furnished along with the return but shall be produced
before the Assessing Officer on demand under section 14A;
(bb) the class or classes of persons who shall be required to furnish the return in electronic form;
the form and the manner in which the return in electronic form may be furnished; the documents,
statements, receipts, certificates, audit reports, reports of registered valuer or any other documents
which may not be furnished along with the return in electronic form and the computer resource or
electronic record to which such return may be transmitted under section 14B;
(c) the form in which appeals and applications under this Act may be made, and the manner in
which they shall be verified;
2
(cc) the circumstances in which, the conditions subject to which, and the manner in which, the
3
Deputy Commissioner (Appeals) 4
or the Commissioner (Appeals) may permit an appellant to
produce evidence which he did not produce or which he was not allowed to produce before
the 5
Assessing Officer;
(d) the form of any notice of demand under this Act;
6
(dd) the procedure to be followed in calculating interest payable by assessees or interest payable
by the Government to assessees under any provision of this Act, including the rounding off of the
period for which such interest is to be calculated in cases where such period includes a fraction of a
month, and specifying the circumstances in which and the extent to which petty amounts of interest
payable by assessees may be ignored;
7
(e) the areas within which Valuation Officers may exercise jurisdiction;
(ee) the manner in which and the conditions subject to which Valuation Officers, overseers,
surveyors and assessors may exercise their powers under sub-section (1) of section 38A;
(f) any other matter which has to be, or may be, prescribed for the purposes of this Act.
8
(3) The power to make rules conferred by this section shall include the power to give retrospective
effect, from a date not earlier than the date of commencement of this Act, to the rules or any of them and,
unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect
shall be given to any rule so as to prejudicially affect the interests of assessees.
9
(4) The Central Government shall cause every rule made under this Act 10
and the rules of procedure
framed by the Settlement Commission under sub-section (7) of section 22F to be laid as soon as may be
after it is made before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session 11or in two or more successive sessions, and if before the expiry
of the session 12immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so
however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
Notes:
1. Ins. by Act 17 of 2013, s. 63 (w.e.f. 1-6-2013).
2. Ins. by Act 16 of 1972, s. 51 (w.e.f. 1-4-1972).
3. Subs. by Act 4 of 1988, s. 127, for “Appellate Assistant Commissioner” (w.e.f. 1-4-1988).
4. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
5. Subs. by Act 4 of 1988, s. 127, for “Wealth-tax Officer” (w.e.f. 1-4-1988).
6. Ins. by Act 42 of 1970, s. 65 (w.e.f. 1-4-1971).
7. Subs. by Act 45 of 1972, s. 19, for clause (e) (w.e.f. 1-4-1988).
8. Subs. by Act 26 of 1974, s. 17, for sub-section (3) (w.e.f. 18-8-1974).
9. Subs. by Act 46 of 1964, s. 40, for sub-section (4) (w.e.f. 1-4-1965).
10. Ins. by Act 32 of 1994, s. 53 (w.e.f. 1-6-1994).
11. Subs. by Act 41 of 1975, s. 105, for “or in two successive sessions” (w.e.f. 1-4-1976).
12. Subs. by s. 105, ibid., for “in which it is so laid or the session immediately following” (w.e.f. 1-4-1976).