The present legislation being one of Central Government was enacted by the Indian Parliament with the name and title as ‘the Central Boards of Revenue Act, 1963’ (Act no. 54 of 1963) and its purpose and object is to constitute a separate Boards of Revenue in relation to the Direct Taxes and also for Excise and Customs. And enactment was also for amending certain enactments in order to confer certain powers and also for providing certain duties to the aforesaid Boards of Revenue. The Act was enacted in the 15th year of republic of India and was assented by the President of India on 30th day of December, 1963. And the provisions of this enactment were made effective from the 1st day of January, 1964 by the notification of the Central Government published in the official Gazette.
The short title, commencement and certain important definitions are contained in the first two provisions of the Act. Whereas, besides the other terms the term ‘Direct taxes’ sought to be explained therein as the taxed imposable within the provisions of the Estate Duty Act, 1953, the Wealth-tax Act, 1957, the Expenditure- tax Act, 1957, the Gift-tax Act, 1958, the Income-tax Act, 1961, the Super Profits Tax Act, 1963, the Interest-tax Act, 1974, the Hotel-Receipts Tax Act, 1980, the Hotel-Receipts Tax Act, 1980 and the Expenditure-tax Act, 1987 and all other Central Government declared taxed to be the direct taxed under this definition.
The purpose of constituting the separate Board explained in the provisions of section 3 of the Act, where the Central Government is empowered to constitute such Boards of revenue in place of existed ‘Central Board of Revenue’ which was constituted under the Central Board of Revenue Act, 1924 (Act no. 4 of 1924), with the name and title as ‘Central Board of Direct Taxes’ and ‘Central Board of Excise and Customs. Such Boards are required to be under the control of the Central Government, in the matters of exercising powers and performing functions and duties. There can seven persons composing the each of said Board.
The Central Government is empowered by the provisions of this Act to specify the procedure by making rules. Such rules are to be provided in particularly, to regulate the transactions of business of each and every of such separate Boards. And it is made clear that whatever orders made or actions taking under as per such rules made by the Central Government will be treated as of Board. Also in relation to the making of rules, it is specified that the rule made as such, to be table before the houses of Parliament whilst in the session for given period for further proceedings.
The Act also sought to bring consequential amendments in the relevant statutes like in the Estate Duty Act, 1953, the Wealth-tax Act, 1957, the Expenditure-tax Act, 1957, the Gift-tax Act, 1958, the Income-tax Act, 1961 and the Super Profits Tax Act, 1963 the mention of ‘Central Board of Revenue’ constituted under the Central Board of Revenue Act, 1924’ to be removed and replaced with the Central Board of Direct Taxes constituted under the provisions of this Act. Similarly, in the Central Excises and Salt Act, 1944 and the Customs Act, 1962, the mention of ‘Central Board of Revenue’ as was constituted under the aforesaid Act of 1924 was sought to be replaced by ‘Central Board of Excise and Customs’ which is constituted under this present enactment. Also all the functions and powers which were provided to that ‘Central Board of Revenue’ are also sought to be vested with the Boards constituted under this Act in order and manner to the effect that those functions and powers are relating to the subjects concerns. Also the provisions are also made for transferring the pending proceedings with the earlier Central Board of Revenue to the newly established Boards of revenue, in the manner as looking to the subject of those Boards and in case of any question as to whether any such pending proceedings to be transferred to the Central Board of Direct Taxes or Central Board of Excise and Customs, then the matter will have to be referred to the Central Government for its decision which will be final.
Moreover, the provisions of this Act are also providing powers to the Central Government for making of order in relation to removing the difficulties which if arise while effecting the provisions of this Act. Such orders, the Central Government to published in the Official Gazette and also should consistent with the purposes of this Act and may be prospective or retrospective as per necessity. Finally, the Central Board of Revenue Act, 1924 is repealed by this Act, however, any appointment, assessment, order, rules, etc. made under that enactment were protected against such repeal, and were treated as would have been made under this Act by the Boards constituted thereunder. As such the present Act not only made provisions for constitution new separate Boards of revenue in place of older one, but also provide for repealing of the older enactment under which the older Board was constituted.
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