Central Boards of Revenue Act, 1963
No: 54 Dated: Dec, 30 1963
THE CENTRAL BOARDS OF REVENUE ACT, 1963
ACT NO. 54 OF 1963
An Act to provide for the constitution of separate Boards of Revenue for Direct Taxes and for [Indirect Taxes and Customs] and to amend certain enactments for the purpose of conferring powers and imposing duties on the said Boards.
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:—
1. Short title, and commencement.—(1) This Act may be called The Central Boards of Revenue Act, 1963.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Board” means the Central Board of Direct Taxes or [the Central Board of Indirect Taxes and Customs] constituted under section 3;
(b) “Central Board of Revenue” means the Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924).
(c) “direct tax” means—
(1) any duty leviable or tax chargeable under—
(i) the Estate Duty Act, 1953 (34 of 1953);
(ii) the Wealth-tax Act, 1957 (27 of 1957);
(iii) the Expenditure-tax Act, 1957 (29 of 1957);
(iv) the Gift-tax Act, 1958 (18 of 1958);
(v) the Income-tax Act, 1961 (43 of 1961);
(vi) the Super Profits Tax Act, 1963 (14 of 1963);
[(vii) the Interest-tax Act, 1974 (45 of 1974);
[(viii) the Hotel-Receipts Tax Act, 1980 (54 of 1980);
[(ix) the Expenditure-tax Act, 1987 (35 of 1987);
[(x) the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015); and]
(2) any other duty or tax which, having regard to its nature or incidence, may be declared by the Central Government, by notification in the Official Gazette, to be a direct tax.
3. Constitution of separate Central Boards for Direct Taxes and for [Indirect Taxes and Customs].—(1) The Central Government shall, in place of the Central Board of Revenue, constitute two separate Boards of Revenue to be called the Central Board of Direct Taxes and [the Central Board of Indirect Taxes and Customs], and each such Board shall, subject to the control of the Central Government, exercise such powers and perform such duties, as may be entrusted to that Board by the Central Government or by or under any law.
(2) Each Board shall consist of such number of persons [not exceeding seven] as the Central Government may think fit to appoint.
4. Procedure of the Board.—(1) The Central Government may make rules for the purpose of regulating the transaction of business by each Board and every order made or act done in accordance with such rules shall be deemed to be the order or act, as the case may be, of the Board.
(2) Every rule made under this section shall 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 successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule.