9. Instructions
to subordinate authorities.
(1) The Board
may, from time to time, issue such orders, instructions and directions to other
gift-tax authorities as it may deem fit for the proper administration of this
Act, and such authorities and all other persons employed in the execution of
this Act shall observe and follow such orders, instructions and directions of
the Board:
Provided that
no such orders, instructions or directions shall be issued
(a) so as to
require any gift-tax authority to make a particular assessment or to dispose of
a particular case in a particular manner; or
(b) so as to
interfere with the discretion of the Deputy Commissioner (Appeals) or
Commissioner (Appeals) in the exercise of his appellate functions.
(2) Without
prejudice to the generality of the foregoing power,
(a) the Board
may, if it considers it necessary or expedient so to do, for the purposes of
proper and efficient management of the work of assessment and collection of
revenue, issue from time to time (whether by way of relaxation of any of the
provisions of section 13, section 14, section 15, section 16, section 16B, section 17 and section 34 or otherwise) general or
special orders in respect of any class of cases, setting forth directions or
instructions (not being prejudicial to assessees) as to the guidelines,
principles or procedures to be followed by other gift-tax authorities in the
work relating to assessment or collection of revenue or the initiation of
proceedings for the imposition of penalties and any such order may, if the
Board is of opinion that it is necessary in the public interest so to do, be
published and circulated in the prescribed manner for general information;
(b) the Board
may, if it considers it desirable or expedient so to do for avoiding genuine
hardship in any case or class of cases, by general or special order, authorise
any gift-tax authority, not being a Deputy Commissioner (Appeals) or
Commissioner (Appeals) to admit an application or claim for any exemption,
deduction, refund or any other relief under this Act after the expiry of the
period specified by or under this Act for making such application or claim and
deal with the same on merits in accordance with law.