Section 31 of The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
- (1)The Tax Recovery Officer may draw up under his signature a statement of tax arrears of an assessee referred to in sub-section (4) or sub-section (5) of section 30, in such form, as may be prescribed (such statement hereafter in this Chapter referred to as "certificate").
- (2)The certificate under sub-section (1) shall stand amended from time to time consequent to any proceeding under this Act and the Tax Recovery Officer shall recover the amount so modified.
- (3)The Tax Recovery Officer may rectify any mistake apparent from the record.
- (4)The Tax Recovery Officer shall have the power to extend the time for payment, or allow payment by instalments, subject to such conditions as he may think fit to impose in the circumstances of the case.
- (5)The Tax Recovery Officer shall proceed to recover from the assessee the amount specified in the certificate by one or more of the modes referred to in section 32 or in the Second Schedule to the Income-tax Act.
- (6)It shall not be open to the assessee to dispute the correctness of any certificate drawn up by the Tax Recovery Officer on any ground whatsoever, but it shall be lawful for the Tax Recovery Officer to cancel the certificate if, for any reason, he thinks it necessary so to do.
Summary
- The Tax Recovery Officer creates a formal document called a certificate to officially record tax arrears.
- This certificate can be updated or corrected if the tax amount changes or if a mistake is found.
- The officer has the power to give the taxpayer more time to pay or allow them to pay in smaller chunks called instalments.
- The taxpayer is not allowed to argue about whether the certificate itself is correct once it is drawn up.
- The officer may cancel the certificate if they think it is necessary to do so.
Practical examples
FAQ
1. Can I challenge the amount on a certificate under Section 31 of the Black Money Act, 2015?
No, Section 31 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 states that a taxpayer cannot dispute the correctness of a certificate drawn up by the Tax Recovery Officer on any ground.
2. What happens if the tax amount changes after a certificate is issued under Section 31 of the Black Money Act, 2015?
Under Section 31 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, the certificate will be amended to reflect the new amount, and the officer will recover the modified sum.
3. Does the Tax Recovery Officer have the power to let me pay in parts under Section 31 of the Black Money Act, 2015?
Yes, Section 31 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 gives the officer the authority to extend the time for payment or allow payment by instalments.
Test yourself
Q1.Under Section 31 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, what is the status of the taxpayer's right to dispute a certificate?
Q2.Which authority is responsible for drawing up the statement of tax arrears under Section 31 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015?
Q3.Under Section 31 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, what can the Tax Recovery Officer do if they find a clear error in the record?
Q4.What happens to a certificate if an appeal leads to a change in the tax debt under Section 31 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015?