Section 5 of The Central Boards of Revenue Act, 1963
- (1)In the Estate Duty Act, 1953 (34 of 1953), the Wealth-tax Act, 1957 (27 of 1957), the Expenditure-tax Act,1957 (29 of 1957 ), the Gift-tax Act, 1958 (18 of 1958), the Income-tax Act, 1961 (43 of 1961), and the Super Profits Tax Act, 1963 (14 of 1963) for the words and figures "Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924)" or "Central Board of Revenue", wherever they occur, the words and figures "Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963" shall be substituted.
- (2)In the Central Excises and Salt Act, 1944 (1 of 1944), and the Customs Act, 1962 (52 of 1962), for the words and figures "Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924)" or "Central Board of Revenue" wherever they occur, the words and figures 1[the Central Board of Indirect Taxes and Customs] constituted under the Central Boards of Revenue Act, 1963" shall be substituted.
- (3)The functions entrusted to the Central Board of Revenue by or under any other enactment shall,--
- (a)if such functions relate to matters connected with direct taxes, be discharged by the Central Board of Direct Taxes; and
- (b)if such functions relate to any other matter, unless they are entrusted by the Central Government to the Central Board of Direct Taxes, be discharged by the 1[the Central Board of Indirect Taxes and Customs].
Summary
- The old references to the Central Board of Revenue in six direct tax laws, including the Income-tax Act, 1961, are replaced with the Central Board of Direct Taxes.
- These six direct tax laws are 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.
- In two major laws, the Central Excises and Salt Act, 1944 and the Customs Act, 1962, references to the Central Board of Revenue are replaced with the Central Board of Indirect Taxes and Customs.
- For any other laws not specifically mentioned, if the duties of the old board relate to direct taxes, those duties are now handled by the Central Board of Direct Taxes.
- For any other duties under other laws that do not relate to direct taxes, they will be handled by the Central Board of Indirect Taxes and Customs, unless the Central Government decides to give them to the Central Board of Direct Taxes.
Practical examples
FAQ
1. What happens to the references to the Central Board of Revenue in the Income-tax Act, 1961?
They are replaced with references to the Central Board of Direct Taxes.
2. Which two laws related to indirect taxes have their references updated by Section 5(2)?
The Central Excises and Salt Act, 1944 and the Customs Act, 1962.
3. How are general duties under other laws divided between the two new boards?
Direct tax duties go to the Central Board of Direct Taxes, and all other duties go to the Central Board of Indirect Taxes and Customs, unless the government decides otherwise.
4. What direct tax acts are specifically amended by Section 5(1)?
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.
5. Who has the power to entrust a non-direct tax function to the Central Board of Direct Taxes under Section 5(3)(b)?
The Central Government has this power.
Test yourself
Q1.Which board replaces the Central Board of Revenue in the Wealth-tax Act, 1957?
Q2.Which of these acts has its references replaced with the Central Board of Indirect Taxes and Customs?
Q3.Under Section 5(3), if an old law's function relates to direct taxes, which board must perform it?
Q4.Under Section 5(3)(b), who can entrust a non-direct tax function to the Central Board of Direct Taxes?
Q5.Which of the following is NOT one of the six direct tax acts amended by Section 5(1)?