19A. Assessment
of persons leaving India.
(1)
Notwithstanding anything contained in section 3, when it appears to the
Assessing Officer that any individual may leave India during the current
assessment year, or shortly after its expiry and that he has no present
intention of returning to India, the gifts made by such individual during the
period from the expiry of the previous year for that assessment year up to the
probable date of his departure from India, shall be chargeable to gift-tax in
that assessment year.
(2) The
taxable gifts made in each completed previous year or part of any previous year
included in such period shall be chargeable to gift-tax at the rate or rates
specified in the Schedule or, as the case may be, at the rate specified in
sub-section (2) of section 3, and separate assessment shall be made in respect
of each such completed previous year or part of any previous year.
(3) The
Assessing Officer may estimate the value of the gifts made by such individual
during such period or any part thereof, where it cannot be readily determined
in the manner provided in this Act.
(4) For the
purpose of making an assessment under sub-section (1), the Assessing Officer
may serve a notice upon such individual requiring him to furnish, within such
time, not being less than seven days, as may be specified in the notice, a
return in the same form and verified in the same manner as a return under
sub-section (1) of section 13, giving particulars of the gifts made by him
during each completed previous year comprised in the period referred to in
sub-section (1) and during any part of the previous year comprised in that
period; and the provisions of this Act shall, so far as may be, and subject to
the provisions of this section, apply as if the notice were a notice issued
under clause (i) of sub-section (4) of section 15.
(5) The
gift-tax chargeable under this section shall be in addition to the tax, if any,
chargeable under any other provisions of this Act.
(6) Where the
provisions of sub-section (1) are applicable, any notice issued by the
Assessing Officer under clause (i) of sub-section (4) of section 15 or under
section 16 in respect of any gift-tax chargeable under any other provisions of
this Act may, notwithstanding anything contained in clause (i) of sub-section
(4) of section 15, or section 16, as the case may be, require the furnishing of
the return by such individual within such period, not being less than seven
days, as the Assessing Officer may think proper.