46. Power to
make rules.
(1) The Board
may, by notification in the Official Gazette, make rules for carrying out the
purposes of this Act.
(2) In
particular, and without prejudice to the generality of the foregoing power,
rules under this section may provide for
(a) the
manner in which the value of any property may be determined;
(b) the form
in which returns under this Act shall be made and the manner in which they
shall be verified;
(c) the form
in which appeals and applications under this Act may be made, and the manner in
which they shall be verified;
(cc) the
circumstances in which, the conditions subject to which and the manner in
which, the Deputy Commissioner (Appeals) or the Commissioner (Appeals) may
permit an appellant to produce evidence which he did not produce or which he
was not allowed to produce before the Assessing Officer;
(d) the form
of any notice of demand under this Act;
(e) the
refunds of gift-tax paid in respect of the gifts which are revoked on the
happening of any specified event which does not depend on the will of the donor
or of any amount paid under section 18;
(ee) the
procedure to be followed in calculating interest payable by assessees or
interest payable by the Government to assessees under provisions of this Act,
including the rounding off of the period for which such interest is to be
calculated in cases where such period includes a fraction of a month, and
specifying the circumstances in which and the extent to which petty amounts of
interest payable by assessees may be ignored;
(f) the areas
for which lists of valuers may be drawn up;
(g) any other
matter which has to be, or may be, prescribed for the purposes of this Act.
(3) The power
to make rules conferred by this section shall include the power to give
retrospective effect, from a date not earlier than the date of commencement of
this Act, to the rules or any of them and, unless the contrary is permitted
(whether expressly or by necessary implication), no retrospective effect shall
be given to any rule so as to prejudicially affect the interests of assessees.
(4) The
Central Government shall cause every rule made under this Act to be laid as
soon as may be after it is made before each House of Parliament while it is in
session for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid both
Houses agree in making any modifications in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.