Section List

Act Number: 18

Act Name: The Gift-tax Act, 1958

Year: 1958

Enactment Date: 1958-05-15

Long Title: An Act to provide for the levy of gift-tax

Ministry: Ministry of Finance

Department: Department of Revenue

Section NumberTitleActions
1Short title, extent and commencement.
2Definitions.
3Charge of gift-tax.
4Gifts to include certain transfers.
5Exemption in respect of certain gifts.
6Value of gifts, how determined.
6A[Omitted.].
7Gift-tax authorities and their jurisdiction.
7A[Omitted.].
7AA[Omitted.].
7B[Omitted.].
8Control of gift-tax authorities.
8A[Omitted.].
9Instructions to subordinate authorities.
9A[Omitted.].
10Jurisdiction of Assessing Officers and power to transfer cases.
11[Omitted.].
11A[Omitted.].
11AA[Omitted.].
11B[Omitted.].
12[Omitted.].
13Return of gifts.
14Return after due date and amendment of return.
14AReturn by whom to be signed.
14BSelf-assessment.
15Assessment.
16Gift escaping assessment.
16ATime limit for completion of assessment and re-assessment.
16BInterest for defaults in furnishing return of gifts.
17Penalty for failure to furnish returns, to comply with notices and concealment of gifts, etc.
18Rebate on advance payments.
18ACredit for stamp duty paid on instrument of gift.
19Tax of deceased person payable by legal representative.
19AAssessment of persons leaving India.
20Assessment after partition of a Hindu undivided family.
21Liability in case of discontinued firm or association of persons.
21AAssessment of donee when the donor cannot be found.
22Appeal to the Deputy Commissioner (Appeals) from orders of Assessing Officer.
22A[Omitted.].
23Appeal to the Appellate Tribunal.
24Powers of Commissioner to revise orders of subordinate authorities.
26Reference to High Court.
27Hearing by High Court.
28Appeal to Supreme Court.
28ATax to be paid notwithstanding reference, etc.
28BDefinition of High Court.
29Gift-tax by whom payable.
30Gift-tax to be charged on property gifted.
31Notice of demand.
32Recovery of tax and penalties.
33Mode of recovery.
33ARefunds.
34Rectification of mistakes.
35Prosecution.
35AOffences by companies.
35BOffences by Hindu undivided families.
35DPresumption as to culpable mental state.
35EProof of entries in records or documents.
36Power regarding discovery, production of evidence, etc.
37Power to call for information.
38Effect of transfer of authorities on pending proceedings.
39Computation of period of limitation.
40Service of notice.
41[Omitted.].
41APublication of information respecting assessees.
41BDisclosure of information respecting assessees.
41CReturn of gifts, etc., not to be invalid on certain grounds.
42Bar of suits in civil court.
43Appearance before gift-tax authorities by authorised representatives.
43AAppearance by registered valuer in certain matters.
44Agreement for avoidance or relief of double taxation with respect to gift-tax.
44ARounding off of taxable gifts.
44BRounding off of tax, etc.
45Act not to apply in certain cases.
46Power to make rules.
46APower to make exemption, etc., in relation to certain Union territories.
47Power to remove difficulties.
12APower of Chief Commissioner or Commissioner and of Joint Commissioner to make enquiries under this Act.
17APenalty for failure to answer questions, sign statements, furnish information, allow inspecti ons, etc
25Appeal to the Appellate Tribunal from orders of enhancemen t by Chief Commissioner or Commissioner.
35CSection 360 of the Code of Criminal Procedure, 1973 , and the Probation of Offenders Act, 1958, not to apply.
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