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There are as many as 8
Directorates as attached offices of CBDT to play a vital role by developing
a positive liaison between the field formations and the CBDT. The following
Directors General of Income Tax are directly under the administrative
control of the Central Board of Direct Taxes:-
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- Director General of Income
Tax (Administration)
- Director General of Income
Tax (Systems)
- Director General of Income
Tax (Vigilance)
- Director General of Income
Tax (Training)
- Director General of Income
Tax (Legal & Research)
- Director General of Income
Tax (Business Process Re-engineering)
- Director General of Income
Tax (Intelligence)
- Director General of Income
Tax (HRD)
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In addition to above there are three more Directorates and also Chief
Commissionerates at field level which are as follows:-
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- DGIT(Investigation)
- DGIT(Exemption)
- DGIT(International
Taxation)
- 18 cadre controlling Chief
Commissioners of Income Tax
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Various Directorates, which are headed by Directors of Income Tax, have
been placed under the Director Generals of Income Tax and report through
them to the Central Board of Direct Taxes :
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1. The Director General of Income Tax (Administration) supervises the
functioning of the following Directorates:-
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- Directorate of Income Tax
(PR,PP &OL)
- Directorate of Income Tax
(Inspection & Examination)
- Directorate of Income Tax
(Audit)
- Directorate of Income Tax
(Recovery)
- Directorate of Income Tax
(TDS)
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2. The Director General of Income Tax (Systems) exercises supervision and
control over the following Directorates:-
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- Directorate of Income Tax
(Systems)
- Directorate of Income Tax
(Organisation & Management Services)
- Directorate of Income Tax
(Infrastructure)
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|
3. The Director General of Income Tax (Vigilance) is the head of the
following four regional Directorates of Income Tax (Vigilance):-
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- Directorate of Income Tax
(Vigilance) (North), Delhi
- Directorate of Income Tax
(Vigilance) (South), Chennai
- Directorate of Income Tax
(Vigilance) (East), Kolkata
- Directorate of Income Tax
(Vigilance) (West), Mumbai
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4. The Director General of Income Tax (Training), NADT heads the National
Academy of Direct Taxes at Nagpur. The Regional Training Institutes (RTIs)
and the Ministerial Staff Training Units (MSTUs) also function under the
DGIT (Training).
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5. The Director General of Income Tax (HRD), is the head of Directorate of
Income Tax (HRD).
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1. Functions of Director General of Income Tax (Administration)
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|
Supervision and control over the work in the following Directorates:-
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|
- Directorate of Income Tax
(Inspection & Examination)
- Directorate of Income Tax
(Audit).
- Directorate of Income Tax
(PR,PP&OL)
- Directorate of Income Tax
(Recovery)
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Administrative Functions :
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The DGIT (Admn.) performs the following administrative functions :-
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- Transfers and posting of
“Group A” officers upto the level of Addl./Joint DIT within the above
mentioned Directorates.
- Cadre controlling authority
in respect of Group ‘B’ officers as also the staff allocated to the
above Directorates and DGIT (Admn.).
- Handling vigilance and
disciplinary matters of the gazetted officers working under his
Administrative control. The relevant files are to be put up to the
DGIT(Admn.) for appropriate orders through the DIT concerned.
- Writing the confidential
reports of the DITs working in his charge in addition to officers
working directly under him.
- Review of the confidential
reports of the officers written by the Director of Income Tax. He
obtains reports from the Directors of Income Tax concerned and takes
further necessary action including communication of adverse remarks.
The Headquarters office of the DGIT(Admn.) would deal with the
representations against adverse remarks and submit the relevant file
to the DGIT(Admn.) through the DIT concerned. The DIT concerned is
required to forward two copies of the duly completed annual
confidential reports of all the officers working under him to the
DGIT(Admn.), who, after keeping one copy for his record, passes on the
other copy to the Board.
- Scrutiny of the immovable
property returns submitted by the officers.
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Budgeting and expenditure control to be exercised through DGIT (Admn.)
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All financial sanctions shall be issued by the DGIT(Admn.) or the officers
authorised by him, under the relevant rules. Residuary financial powers and
budgetary control in respect of the Directorates specified above will vest
with the DGIT(Admn.).
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Other functions
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- DGIT(Admn.) will keep track
of important points arising from inspection reports commented upon by
the DIT(I&E). DGIT(Admn.) will guide the DIT(I&E) on issuing
instructions regarding points to be looked into by the Inspecting
Officers. He will ensure that remedial action based on the inspection
reports of the CIT/Addl.CIT/JCIT are taken by the field officers in
time and further that where general instructions need to be issued by
the Directorate or the Board such instructions get issued in time.
- DGIT(Admn.) will coordinate
and monitor the follow up action in cases of audit objections which
give rise to issues likely to arise in other charges or which require
active involvement of more than one CIT. He will ensure that suitable
instructions are issued to the field. Wherever an amendment of law or
procedure is considered necessary, he will get the matter examined in
the Board for further appropriate action.
- DGIT(Admn.) will look into
all specific audit paras selected for oral reply and be in a position
to assist the Board effectively.
- DGIT(Admn.) will scrutinise
the printing and publication programmes of the DIT(RSP&PR) and
monitor their successful implementation.
- DGIT(Admn.) will look into
the bottlenecks in actual distribution of circulars, instructions,
books, brochures etc., and ensure that these publications reach the
persons for whom they are intended, namely the assessing and
collection authorities in the field.
- At the end of the year, the
DGIT(Admn.) will obtain an annual report of the performance of each
DIT under him and send one copy each thereof with his comments to the
Chairman, CBDT or the functional members concerned.
- DGIT(Admn.) shall
coordinate the activities and streamline the working of the different
Directorates functioning under his control.
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1(a)Composition and functions of Directorate of Income Tax (Public
Relations, Printing, Publications & Official Language)
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The functions of this Directorate, which is headed by a DIT, are as under:-
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Printing and publishing wing
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|
- It is responsible for
evolving a systematic programme for bringing out up-to-date bulletins
of technical and administrative nature and monographs for use by
departmental functionaries and is responsible for supplying these to
the officials in the field offices.
- It is also responsible for
printing and supplying of forms and registers, statutory and
non-statutory, including refund order books- both MICR & Non-MICR.
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Publicity and public relations wing
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- This wing brings out
updated version of the taxpayer's information booklets.
- It prepares and issues
advertisements in national dailies in English, Hindi and regional
languages.
- It prepares and broadcasts
radio spots, TV quickies and films on subjects relating to income-tax.
- It is involved in
conducting programmes on TV and AIR with constant liaison with senior
officers of these mass media agencies.
- It compiles, prints and
distributes the annual administrative handbook.
- It compiles, prints and
distributes the pocket size telephone directory.
- It prepares and releases
advertisements in the web sites through the Internet.
- It coordinates outdoor
publicity by way of display on hoardings, bill-boards on buses and
release of slides in cinemas.
- It prepares and releases
publicity materials in the form of posters, pamphlets, laminated
wall-hangers, caps, tee-shirts, stickers etc.
- It maintains and
disseminates information through the web-site of the Department
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Official language policy wing
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- Implementation of the
Official Language Policy of the Government in the Department.
- Inspection of the field
offices of the Department to monitor the progressive use of Hindi in
official work.
- Cadre Controlling Authority
for recruitment, promotion etc. of the personnel working in the
Official Language Wing of the Income-tax department.
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1(b)Composition and functions of Directorate of Income Tax (Income Tax)
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The Directorate of Income Tax (Income Tax) was created as an attached
office of the Board in 1940, under a Director of Inspection. Previously,
coordination of audit work also formed part of this Directorate. This was
separated in 1982.
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|
The functions of Directorate of Income Tax (Income Tax) are as under:-
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A. Inspection wing
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|
- To lay down general
guidelines for inspections by CCITs, CITs, Addl./Jt. CITs.
- To obtain inspection
programmes from CITs, CCITs, DITs, DGITs and to monitor progress of
inspection.
- To examine and review the
reports received and to provide feedback to field formations on
quality of assessments and inspections determined on the basis of a
study of inspection records.
- To report periodically to
the Board on the findings emerging from the inspection review.
- To bring out an annual
review of inspection.
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B. Examination wing
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|
To conduct departmental examinations for :
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|
- Asstt. CIT(Probationers)
recruited by the UPSC.
- Income Tax Officers (Group
B).
- Income Tax Inspectors.
- Ministerial Staff.
- Group D Employees.
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|
Besides these, this wing is entrusted with other functions and
responsibilities such as review, amendment and interpretation of the rules
and syllabi of the various examinations, creation and abolition of centres
for various departmental examinations. The directorate also performs all
other related work.
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1(c)Composition and functions of Directorate of Income Tax (Audit)
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|
The functions of the Directorate of Income-tax (Audit), which is headed by
a DIT, are as under:-
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|
- To control and review
Internal Audit functions.
- To issue general
instructions to field officers regarding Internal Audit and Revenue
Audit.
- To inspect the work of the
audit wing of the various CIT charges.
- To organise collection and
feedback of information regarding critical areas where mistakes have been
detected by Revenue Audit and Internal Audit.
- To bring out manual,
bulletins, circulars etc., for the purpose of Internal Audit.
- To prepare annual Internal
Audit Report.
- To ensure expeditious
disposal and settlement of Revenue Audit Objections.
- To collect material and
prepare briefs for the Board in respect of draft paras to be discussed
at the PAC meeting and also to assist the Board on other PAC matters.
- To collect and compile
statistical data for inclusion in the C&AG’s Reports, Annual
Reports of the M/o Finance and any other data specifically called for
by the Board.
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1(d)(Composition and functions of Directorate of Income Tax (Recovery)
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The functions of this Directorate, which is headed by a DIT, are enumerated
below:-
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- Collection, compilation and
collation of data relating to recovery of tax arrears of Income Tax
and Wealth Tax involving demand of Rs. 1 crore and above (one lakh and
above in case of Film Dossiers) from all CCIT/DGIT(Inv.) charges
throughout the country.
- Study of the dossiers
received from the CCIT/DGIT(Inv.) charges, monitoring the work of
collection/reduction of arrear demand, preparation of detailed reviews
after analyzing the factual and legal complexities in cases and
offering comments and suggestions for further action.
- Preparation of Quarterly
Report of Analysis of Dossier of Rs. 25 crore and above for monitoring
of high demand cases by the CBDT.
- Inspection of field offices
for speeding up of collection/reduction of tax arrear.
- Compilation and analysis of
statistical data and furnishing material to the Board for replies to
various Parliament Questions.
- Processing of write off,
partial write off and scaling down of arrear demand proposals received
from CCIT charges.
- Processing of BIFR/AAIFR
cases in the terms of granting Reliefs/concessions under the IT
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|
Act, to the sick companies in the process of rehabilitation. This
includes:-
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|
- Verifying the genuineness
of the claims of the “sick” industrial company through the A.O.;
- Examining the case for
approval from CBDT to reliefs u/s 19(2) of Sick Industrial Companies
(Special Provision) Act, 1985 (SICA) and communicating to the field
formations the final order of the BIFR in cases where relief has been
granted under the Income Tax Act;
- Attending hearings before
BIFR & filing appeals at AAIFR/High Court etc. as need arises;
- Coordinating and processing
for getting consent of BIFR for recovery u/s 22 of SICA, 1985.
- Assisting the CBDT in
policy formulation in recovery/BIFR related matters.
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2.Functions of Director General of Income Tax (Systems)
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|
DGIT (Systems) performs the following functions:
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- He supervises and controls
the work in the following Directorates:-
- Directorate of Income-tax
(Systems)
- Directorate of Income-tax
(Organisation & Management Services)
- Directorate of Income-tax
(Infrastructure)
- He acts as cadre
controlling authority in respect of Group ‘B’ officers as also the
staff allocated to the above Directorates and his own office.
- He handles the vigilance
and disciplinary matters of the gazetted officers working under his
administrative control. The relevant files will be put up to the DGIT
(Systems) for appropriate orders through the DIT concerned.
- He writes the confidential
reports of the DITs working in his charge, in addition to officers
working directly under him.
- He reviews the confidential
reports of the officers written by the Director of Income Tax. The
DGIT (Systems) obtains reports from the Directors of Income- tax
concerned and takes further necessary action including communication
of adverse remarks. The headquarters office of the DGIT (Systems)
would deal with the representations against adverse remarks and submit
the relevant file to the DGIT (Systems) through the DIT concerned. The
DIT concerned will forward two copies of the duly completed annual
confidential reports of all the officers working under him to the DGIT
(Systems), who, after keeping one copy for his record, will pass on
the other copy to the Board.
- He scrutinises immovable
property returns submitted by the officers.
- At the end of the year, he
will obtain an annual report of the performance of each DIT under him
and send one copy each thereof with his comments to the Chairman, CBDT
or the functional Member concerned.
- He shall coordinate the
activities and streamline the working of the different Directorates
functioning under his control.
- All financial sanctions
under the relevant rules shall be issued by him, or the officer(s)
authorised by him. The residuary financial powers and budgetary
control in respect of the Directorates specified above will vest with
the DGIT (Systems).
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2(a)Composition and functions of Directorate of Income Tax (Systems)
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|
This Directorate, which is headed by a DIT, was created in 1981 to
coordinate, at the apex level, all activities relating to introduction of
computerisation in the Income-tax department and to perform the following
functions :-
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Software development
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|
- Conduct of feasibility and
systems study to identify areas suitable for computerisation.
- Development, testing and
documentation of application software packages.
- Implementation of software
packages at various computer centres of the department including on-the-job
training and monitoring the progress of implementation.
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Hardware installations
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|
- Conduct of bench-mark tests
for selection of appropriate computer hardware for various users of
the Department and finalisation of terms and conditions for purchase
with the approval of appropriate authorities.
- Selection of sites for
installation of computer hardware, preparation of sites with the help
of the appropriate Govt. agency, installation of computer systems,
conducting acceptance tests and making the system operational.
- Maintenance of computer
hardware through appropriate agencies and finalisation of terms and
conditions of the annual maintenance contract which may be taken up
centrally and/or in decenteralised manner through CCIT of the region,
concerned.
- Monitoring of the
performance of installed computer hardware and periodic evaluation of
the needs of additional hardware.
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Training and coordination
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- Identification of training
requirements of the Department in the field of computers.
- Conduct of various courses
at different computer centres of the Department to build up in-house
expertise in the field of computers at various operational levels.
- Coordination of all
activities relating to the smooth functioning of all computer centres
of the Department.
- Evaluation of the
requirements of technical manpower to man the computer centres of the
Department and preparation of suitable recruitment rules for the
appointment of this manpower from within and outside the Department.
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|
Hardware installations
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|
- Conduct of bench-mark tests
for selection of appropriate computer hardware for various users of
the Department and finalisation of terms and conditions for purchase
with the approval of appropriate authorities.
- Selection of sites for
installation of computer hardware, preparation of sites with the help
of the appropriate Govt. agency, installation of computer systems,
conducting acceptance tests and making the system operational.
- Maintenance of computer
hardware through appropriate agencies and finalisation of terms and
conditions of the annual maintenance contract which may be taken up
centrally and/or in decenteralised manner through CCIT of the region,
concerned.
- Monitoring of the
performance of installed computer hardware and periodic evaluation of
the needs of additional hardware.
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|
National Computer Centre
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|
- Planning and co-ordination
of all activities relating to setting up and functioning of the
National Computer Centre.
- Maintenance of the national
databases pertaining to departmental application softwares.
- Ensuring security of the
national databases.
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|
Research and development
|
|
Undertaking of special projects to enhance the speed of work flows in the
Department for ensuring better taxpayer services and tax compliance.
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|
2(b) Composition and functions of Directorate of Income Tax (Organisation
& Management Services)
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|
The Directorate of Income Tax (O&M Services), which is headed by a DIT,
came into existence in the year 1972 on the recommendations of the Direct
Taxes Enquiry Committee (Wanchoo Committee). It started functioning in
April 1973. This Directorate is an attached office of the Board and
functions as a kind of an internal management consultant.
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|
The original charter of functions of this Directorate are :-
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|
- Carrying out review of the
procedures and systems of work.
- Laying down work /staffing
norms.
- Monitoring the utility of
existing forms and registers, office layouts, etc. In the Income-tax
department.
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|
Over the years, the Directorate has not only carried out these functions
but has also considerably enlarged the scope of its original charter of
functions because of complex management and organisation problems not
contemplated earlier. The directorate has advised the Board on their
solutions, from time to time. It is at present functioning as an internal
management consultant to the Board performing mainly the following
functions:-
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|
- Conduct of organisation and
management studies.
- Carrying out continuous
review of work procedures for improving methods and management
practices. The Directorate seeks to identify deficient areas and
devises more efficient methods of work.
- Laying down work/staffing
norms.
- Assisting the CBDT in
formulation of the Action Plan for the Income-tax department and its
appraisal by regularly monitoring the performance of the field offices
vis-a-vis the targets set for them. On a monthly basis the Directorate
collates Central Action Plan statements showing the figures of
collection/reduction of arrears and current demand of corporation
tax/income-tax and progressive workload and disposal of income tax
assessments. The directorate also monitors the performance of the
field offices vis-a-vis the quarterly targets set for them.
- Monitoring the utility of
existing forms, register etc.
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|
2(c)Composition and functions of Directorate of Income Tax (Infrastructure)
|
|
This Directorate, has been created after the restructuring of the
Department. It draws up a strategic plan for upgradation of facilities at
all levels and serves as a nodal agency for prioritizing decisions relating
to creation of infrastructure and procurement in the Department. The
Directorate is based in Delhi and is headed by a Director of Income Tax (an
officer of the rank of Commissioner of Income Tax), who works under the
administrative control of Director General of Income Tax (Systems). The DIT
(Infrastructure) undertakes the following functions, which were earlier
performed by the Board :-
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- Drawing up of the
construction programme for the Income-tax department on an all India
basis.
- Implementation of the
construction programme.
- Examination of individual
proposals received from CCIT/Commissioners of Income-tax regarding
construction of buildings involving :-
- drawing up of a schedule
of accommodation.
- scrutiny of plans and
estimates.
- securing approval of
Expenditure Finance Committee where necessary;
- issue of administrative
approval and expenditure sanction.
- Scrutiny of proposals
regarding acquisition of land for construction of departmental
buildings involving :-
- detailed examination of
requirements for office and residential accommodation based on staff
strength etc.;
- issue of administrative
approval and expenditure sanction.
- Examination of proposals
regarding purchase of buildings.
- Examination of proposals
regarding repairs of departmental buildings and minor works.
- Finalisation of budget
proposals in respect of construction of departmental buildings,
acquisition of land and purchase of buildings.
- Examination of proposals
regarding hiring of office/office-cum-residence accommodation and
godown accommodation in respect of attached and subordinate offices.
- Provision of subsidized
accommodation to the staff.
- Processing court cases
relating to the matters concerning Infrastructure.
- Cases regarding
requisitioning of buildings and requisitioned properties.
- Framing and interpretation
of rules regarding allotment of residential accommodation in the
departmental pool of the I.T.Department.
- Disposal of surplus lands
and buildings.
- All miscellaneous matters
in respect of departmental buildings , office and residential
- Processing representations
from various staff associations of the Income-tax department.
- Processing representations
and complaints regarding location of offices in particular buildings.
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|
3. Functions of Director General of Income Tax (Vigilance)
|
|
The Director General of Income-tax (Vigilance) is the Chief Vigilance
Officer of the Income-tax department. He is appointed with the concurrence
of the Central Vigilance Commission, and functions directly under the
Central Board of Direct Taxes. He reports to Member (Personnel) and
Chairman, CBDT.
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|
Some of his important functions are:-
|
|
A. Administrative functions
|
|
- Supervision and control
over the work of the different Directorates of Income Tax (Vigilance).
- Vigilance clearance for
Group ‘A’ Officers.
- In respect of Group ‘A’
level officers, finalisation of the Agreed List, the list of officers
of doubtful integrity and the list of officers whose work would be
subjected to vigilance inspection.
- Maintenance of CVO’s
registers for Group ‘A’ officers.
- Preparation and furnishing
of reports to CBDT/CVC/Ministries.
- Framing of norms and
issuing guidelines for vigilance functions of the Department.
- Drawing up the annual
action plan for vigilance work for various functionaries of the
department including DGIT (Vig.) himself, DITs (Vig.), CCITs and
DGITs.
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|
B. Technical functions
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|
- Dealing with complaints.
- Vigilance Inspection.
- Action on self-contained
report.
- Disciplinary proceedings.
- Actions in respect of cases
processed/investigated by the CBI.
- References to CVC.
- References to UPSC.
- References to DOP&T/Ministry
of Law/Other Departments.
- Scrutiny of immovable
property returns.
- Coordination with CBI and
CVC in respect of complaints against officers of the department.
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|
C. Miscellaneous
|
|
- DGIT (Vig.) acts as cadre
controlling authority in respect of Group ‘B’ officers as also the
staff allocated to the regional directorates and DGIT (Vigilance).
- He will handle the
vigilance and disciplinary matters of the gazetted officers working
under his administrative control.
- He will initiate the confidential
reports of the DITs working in his charge in addition to officers
working directly under him.
- He will review the
confidential reports of the officers in the Directorate written by the
Director of Income Tax. He will obtain reports from the Directors of
Income-tax concerned and take further necessary action including
communication of adverse remarks. The headquarters office of the DGIT
(Vigilance) would deal with the representations against adverse
remarks and submit the relevant file to the DGIT (Vigilance) through
the DIT concerned. The latter will forward two copies of the duly
completed annual confidential reports of all the officers working
under him to the DGIT (Vigilance) who, after keeping one copy for his
record, will pass on the other copy to the Board.
- DGIT (Vigilance) shall
coordinate the activities and streamline the working of the different
directorates functioning under his control.
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|
3(a)Composition and functions of Directorate of Income Tax (Vigilance)
|
|
The Director of Income-tax (Vigilance) is an officer of the level of
Commissioner of Income-tax. He is assisted by a number of Addl./Joint CITs,
at the headquarters, having broadly territorial distribution of work. At
present, there are four regional directorates of income-tax (Vigilance)
viz. North, West, East and South with their headquarters at Delhi, Mumbai,
Kolkata and Chennai respectively.
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|
The detailed functions of the Directorate of Income-tax (Vigilance) are
given in the Chapter on “Vigilance” of this Manual and a separate “Manual
on Vigilance”. However, the main functions of the Directorate are as
under:-
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|
A. Administration functions
|
|
- Vigilance clearance for
Group ‘B’ officers.
- In respect of Group ‘B’
level officers, finalisation of the Agreed List, the list of officers
of doubtful integrity and list of officers whose work would be
subjected to vigilance inspection.
- Maintenance of CVO’s
registers for Group ‘B’ officers.
- Preparing and furnishing
following reports to DGIT(Vig.) in respect of Group ‘B’ officers :-
- Quarterly progress report.
- Quarterly report on the
status of disciplinary proceedings cases pending for more than six
months.
- Quarterly report regarding
grant of sanction for prosecution in CBI cases.
- Quarterly report on
officers/staff under suspension.
- Furnishing the above
mentioned report in respect of non-gazetted officials of their regions
to the DGIT (Vig.) after compiling the same from the reports received
from the cadre controlling CCITs.
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|
B. Technical functions
|
|
- Dealing with complaints.
- Preliminary verification.
- Investigation of complaints
- Vigilance Inspection.
- Action on self-contained
report.
- Disciplinary proceedings.
- Action in respect of cases
processed/investigated by the CBI.
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|
4. Functions of Director General of Income Tax (Training), National Academy
of Direct Taxes (NADT)
|
|
The Income Tax Department has an elaborate organisation for the training of
its officials -both those who are newly recruited as well as those already
in service. The apex body is the National Academy of Direct Taxes (N.A.D.T)
at Nagpur. This is headed by the Director General of Income Tax (Training).
He is assisted by an Additional Director General, Addl./Joint Directors and
Deputy/Assistant Directors.
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|
The DGIT(Training) is the training coordinator for the Income-tax
department. He has the overall responsibility of planning, organising and
conducting the induction training courses for the probationers as well as
organizing in-service training programmes for senior officers of the
Department.
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|
The DGIT(Training) supervises the functioning of seven Regional Training
Institutes at Bangalore, Kolkata, Lucknow, Mumbai, Chennai, Chandigarh and
Ahmeabad and 26 Ministerial Staff Training Units spread over the country.
These institutes impart training to various cadres within their
jurisdiction .
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|
Technical functions of DGIT (Training)
|
|
- Planning, designing and
conducting the induction/foundational training course for the officers
of IRS and of other services who are selected through UPSC.
- Planning, designing and
conducting in-service training courses both at NADT and the RTIs.
- Nominating various officers
for different training courses conducted in either NADT or in the
RTIs.
- Conducting research for
identification of the new training needs of personnel in the
Department and also on the efficacy of the training being given to
probationers.
- Preparation of course
materials, background papers etc for the courses to be conducted from
time to time on the basis of research studies.
- Control, organisation and
development of the NADT library.
- Coordination of
international courses on direct taxes conducted in India.
- Coordination between the IT
Department and the Department of Personnel in framing the training
policy for departmental personnel.
- Organising paid courses for
other Indian and foreign organisations.
- Design and conduct of
specialized courses abroad on direct taxes for developing countries.
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|
Miscellaneous functions
|
|
- The DGIT(Training) acts as
the cadre controlling authority in respect of Group ‘C’ employees
under his administrative control (except the staff on deputation from
CCIT, Nagpur).
- He handles the vigilance
and disciplinary matters of both gazetted and non gazetted officers
working under his administrative control.
- The CCIT of the region, in
which the NADT or RTI or MSTU, as the case may be, is located, would
allocate a specified number of Group B officers as also all categories
of staff to each one of these institutes according to their sanctioned
strength.
- All references from the
Directorate General of Income Tax (Training) to the Board, whether
technical or otherwise, would be made through DGIT(Training) except in
respect of items specially specified by the Board.
- Responsibility of keeping
the CBDT informed of all the developments in the NADT, RTIs and MSTUs.
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Composition and functions of the Regional Training Institutes
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- RTIs will be headed by a
Director/Commissioner of Income Tax. He will be assisted by
Addl./Joint Director(s) and four Deputy/Assistant Directors in
addition to the specified staff.
- The main functions of the
RTIs are to identify the training needs of Group B, C & D
officials. They are responsible for planning, designing and mounting
of all in-service training courses at RTIs and at the MSTUs
functioning under them. The RTIs also conduct some training courses
for IRS officers and some specialised courses for various departments
of the Govt. of India and Public Sector Undertakings. They supervise
and control the work of MSTUs coming under their respective
jurisdictions. These units cater to the training needs of Group C and
D officials.
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4a.Functions of Director General of Income Tax (HRD)
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- To develop and design
strategic human resource plans, policies and processes aligned with
the goal and vision of the Income Tax Department for ensuring optimal
resource mobilisation and delivery of taxpayer services.
- To assess and determine the
job requirements, job profiles and skills needed for various jobs in
the Income Tax Department, and make projections of human resource
requirements.
- To assist CBDT in designing
and implementing policies for systematic career progression, equal
opportunity, gender equity, counseling and employee welfare.
- To operate a human resource
information system by accessing database maintained by CBDT.
- To assist CBDT in
developing and implementing proper human resource development policies
including those relating to recruitment, promotions, performance
appraisals, transfers and succession plans.
- To design a scientific and
objective performance management system to foster accountability and
develop a scientific scheme for linking of rewards to performance.
- To identify training needs,
formulate training policies and facilitate skill enhancement, and to
coordinate with other educational/training institutaions/agencies in
India and abroad for training of officers of the Department.
- To foster international
co-operation for incorporating administrative best practices in the
field of tax administration.
- Any other matter which may
be specially assigned by the CBDT.
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5.Functions of Director General of Income Tax (Legal & Research)
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The functions of Directorate (Legal & Research) shall be as under:-
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- Receipt of SLP
Proposals/Appeal Proposals
- To refer the Proposals to
Board and Ministry of Law with specific recommendations
- Eliciting information from
Field Formations needed by Ministry of Law, Central Agency Section.
- Vetting of draft Special
Leave Petitions, Appeals, Counter Affidavits, Condoning of Delay
Applications, etc., on receipt from the Central Agency/field formations
- Preparing necessary letters
of telex regarding payment of fees by Chief Commissioners of Income
tax/forwarding of Special Leave Petition etc.
- Correspondence before or
after filing of Special Leave Petition/Appeal (filed by Tax
Payers/Revenue Department) shall be attended to by the Directorate
(Legal).
- Correspondence now being
handled by the SCC [at present under Commissioner of Income Tax
(Judicial), Delhi] relating to queries generated by the CAS on daily
hearing basis, shall, once the directorate becomes fully functional,
shall stand merged in the Directorate (Legal & Research).
- Liaison with the Counsels
and Registry of the Supreme Court.
- Computerizing the database
of Special Leave Petitions (including back files of the Board
pertaining to Special Leave Petitions) and creation of database in
formats prescribed by Board.
- Maintenance of database in
formats prescribed by the Board to monitor Special Leave
Petitions/revenue effect/issues/ aspect parameters/generation of
prescribed reports and coordination with other Zonal Commissioner of
Income Tax (Judicial) in this regard including forwarding of
supporting inputs.
- Any other function that may
be allotted to achieve the objectives stated above and any other
function that may be assigned by Member (Audit and Judicial), Central
Board of Direct Taxes, New Delhi in this regard.
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Research and statistics wing
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- It compiles and analyses
the annual performance statistics based on monthly progress reports
and allied data sent by field offices.
- It compiles and presents
economic statistics.
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5(a). Functions of Director of Income Tax (Research)
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This Directorate is located in Delhi and is headed by an officer of the
rank of Commissioner of Income tax. It undertakes in-house research for the
department and performs the administrative functions for the Directorate
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6.Functions of Director General of Income Tax (Business Process
Re-engineering)
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The functions of the Directorate of BPR is to supervise the project for the
Business Process Re-engineering of the Department concentrating on the four
principal areas of work namely Pre-assessment, Assessment, Post-assessment
and Appellate together with support functions cutting across all the four
areas.
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7.Functions of Director General of Income Tax (Intelligence)
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The Directorate of Intelligence is an allied and compact investigative set
up. The DGIT (Intelligence) reports directly to the Member (Inv.), CBDT.
The office will be attached to the office of the Board. The Directorate
will be required to take up intensive investigation of selected cases /
class of cases and develop them for further action / specialized operation;
study and analyze emerging trends in tax evasion, new modus operandi etc;
create an economic offence data base; develop a profiling system etc. both
in traditional and non traditional fields. The Directorate liaise/interact
with other intelligence/investigating agencies such as FIU, NCB, ED, DRI,
DGCEI, SFO, CEIB etc. The Directorate have access to all the information
received by the Department viz. AIR, TDS, BCTT, STT, CIB, AST etc.
Departmental national net work, Departmental records etc.
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The DGIT and his directorate is located at Delhi. They have an all India
jurisdiction and are assigned concurrent powers with the other DG’sIT
(Inv.). To perform the assigned functions, the DGIT (Intelligence) have a
compact team of selected officers comprising of a Director of Income Tax
(of the rank of Commissioner of Income Tax), two Additional Directors of Income
Tax, five Deputy Directors of Income Tax (Intelligence), two ITOs and
supporting staff.
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Other Directorates
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1.Functions of Director General of Income Tax (Investigation)
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The Director General of Income Tax (Investigation) performs the following
functions:-
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- Supervision and control
over the Directors of Income Tax (Investigation), Commissioners of
Income Tax (Central) and Commissioners of income Tax (CIB). In Mumbai
and Delhi, CCIT (Central) exercises control over CIT (Central).
- Chief Commissioner to
continue as cadre controlling authority in respect of Group ‘B’
officers as also the staff allocated to the DG or Directors or CITs,
Additional/Joint/Deputy Directors, ADsIT and Central Circles under the
control of DG(Inv.). In respect of Group ‘B’ officers and staff borne
on the strength of the Directorate of Income Tax (Inv.) Delhi, the
Director General is the cadre controlling authority.
- Fixing of overall
sanctioned strength of each Directorate, CIT(CIB) and Central Circle.
- Selection of officers upto
the level of Addl. /Joint DIT in consultation with cadre controlling
Chief Commissioner of Income Tax and Chief Commissioner of Income Tax
(Central).
- Computerisation.
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1(a)Functions of Director of Income Tax (Investigation)
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The Director of Income Tax (Investigation) performs the following functions
:-
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- Planning and execution of
search and seizure and survey operations.
- Statutory functions.
- Grant of awards/rewards.
- Administration of secret
funds.
- Processing of TEPs.
- computerisation.
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2.Functions of Director General of Income Tax (Exemptions)
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The Director General of Income Tax (Exemptions) performs the following
functions:-
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- Statutory functions.
- Assistance to CBDT in
processing of certain approvals and notifications for exemption.
- Supervision and control
over DITs(E).
- Vigilance and disciplinary
matters.
- Computerisation.
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2(a)Functions of Director of Income Tax (Exemptions)
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The Director of Income tax (Exemption) performs the following functions :-
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- Statutory functions
relating to claims for exemption.
- Supervision and control
over the Directorate.
- Vigilance and disciplinary
matters.
- Computerisation.
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3.Functions of Director General of Income Tax (International Taxation)
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The Director General of Income Tax (International Taxation) performs the
following functions:-
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- Supervision and control
over the work of Directorate of Income Tax (International Taxation).
- Vigilance and disciplinary
matters.
- Computerisation.
- Statutory functions.
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3(a)Functions of Director of Income Tax (International Taxation)
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There are five DITs (International Taxation) located at Delhi, Mumbai,
Kolkata, Chennai and Bangalore. Their functions are :-
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- Supervision and control
over the Directorate.
- Statutory functions in
respect of taxation of foreign companies and non-residents and
withholding tax on remittances abroad.
- Vigilance and disciplinary
matters.
- Computerisation.
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3(b)Functions of Director of Income Tax (Transfer Pricing)
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In accordance with section 92CA of the Income Tax Act, 1961, a reference is
made by the AO to DIT (TP) for determination of arm’s length price in
relation to the international transaction (S). The transfer price is
determine by the TPO in terms of section 92C. The price is determine by the
any one of the method stipulated in sub section (1) of section 92 and by
applying the most appropriate method referred to in section (2) thereof.
The TPO after taking into account all relevant facts and data available to
him determines arm’s length price and passes a speaking order after obtaining
the approval of DIT transfer pricing.
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Chief Commissioner of Income Tax
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The cadre of Chief Commissioner of Income Tax came into being from
September, 1981 with the creation of 5 posts at Ahmedabad, Kolkata,
Chennai, Delhi and Mumbai. At present, there are 116 posts of Chief
Commissioner. Out of 116 posts, 19 Chief Commissioners have been identified
as cadre controlling authorities.
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Functions to be performed exclusively by cadre controlling CCITs
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The Chief Commissioner of Income tax performs the following cadre control
functions:-
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- Transfer and posting of
Group ‘A’ officers upto the level of Addl./Joint CIT and all other
cadre control functions in relation to Groups ‘B’, ‘C’ and ‘D’
employees.
- Fixation of the sanctioned
strength of various cadres in the charge of each CIT and allocation of
officers and staff to each CIT/CIT(A).
- Vigilance and disciplinary
matters.
- Confidential reports of
officials working in the region in addition to those working directly
under him.
- Immovable property returns.
- Budgeting and expenditure
control.
- Estate functions.
- Grievance redressal.
- Employees’ association
matters.
- Protocol functions.
- Computerisation.
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Functions to be performed by the Chief Commissioners including cadre
controlling CCITs.
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- Supervision and control
over CITs, both administrative and appeals.
- Administrative approval of
proposals for write-off of arrears.
- Review of arrear dossiers.
- Administrative sanction for
launching prosecutions against tax delinquents.
- Implementation of Official
Language Policy.
- Implementation of
computerisation in the department as per the policies and procedures
laid down by CBDT/DIT (Systems).
- Changing of headquarters of
any officer upto the level of DCIT under intimation to the cadre
controlling CCIT.
- Staff grievances
- Statutory functions under
direct tax laws.
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Functions of Commissioner of Income Tax
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Detailed administrative and statutory functions of the CIT have been
enumerated in the relevant chapters of this manual, for example ‘Head
Quarter Organisation and Functions’ etc.
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Functions of Commissioner of Income Tax (Appeals)
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The posts of CIT (Appeals) were created in July’ 1978 to perform the
functions of first appellate authority under the statute.
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Functions of Commissioner of Income Tax (Computer Operations)
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Each Regional Computer Centers (RCC) is headed by a Commissioner of
Income-tax (Computer Operations). Other Computer Centres have also been
placed under the functional control of the CITs (CO). Their major functions
are:-
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- Working as liaison officer
between the CCIT /CIT and DGIT (Systems) / DIT (Systems).
- Management of the RCC,
Computer Centres and terminal banks in their charge.
- Working as liaison officer
between Department and outside agencies such as banks, telephone
department etc.
- Implementation and
maintenance of centralised application software (IPAN, AIS, TAS, and
MMS).
- Providing help, training
and support to end users in implementation of other application
software, and monitoring their performance.
- Implementation of technical
instructions concerning implementation of information technology issued
from the CBDT/ DGIT (S) / Directorate of Income Tax (Systems).
- Maintenance of hardware,
and network including annual maintenance contracts.
- Resolving day-to-day
problems of officers/officials in implementation of the
computerisation programme.
- Management of all types of
backups such as system backup, database backup, and software library.
- Security of system and data
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Functions of Commissioner of Income Tax (Judicial)
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With the restructuring of the Department, four posts of CIT(Judicial) were
created at Delhi, Mumbai, Chennai and Kolkata to co-ordinate the
intra-zonal judicial work as detailed in the instruction no. 4/2002 dated
the 7th May 2002 (F.No. 277/109/2001 -ITJ)
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Functions of Commissioner of Income Tax (CIB)
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Following are the functions of CIT (CIB) :-
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- Supervision and control
over the work of officers and staff of CIB branch.
- Vigilance and disciplinary
matters.
- Collection, collation and
dissemination of information ( Refer to Chapters on ‘Collection,
Collation and Dissemination of Information’ and ‘Central Information
Branches’).
- Computerisation.
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Functions of Commissioner of Income Tax (Audit)
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Internal audit in Income tax department was introduced in the year 1954
with a view to provide for a second check in ensuring arithmetical accuracy
in the assessment of income and levy of tax. In 1960, the Government
introduced audit of Income tax receipts by C&AG. The object of Internal
Audit function was subsequently enlarged so that “it has a deterrent and
reforming effect in the direction of prevention of mistakes and secondly,
it plays a corrective role by checking up on the mistakes and having these
remedied without loss of time. This dual role, go a long way in improving
the Department’s performance and image, saving it avoidable comments from
C&AG as well as PAC, thus, safeguarding the interest of both the
revenue and assessee.” (Instruction No. 485 dated 13-12-1972). In pursuance
of these objectives the Department set up Internal Audit parties and
Special Audit parties to audit assessments and refunds. The Directorate of
Income-tax (Audit), set up in 1963 mainly co-ordinates and supervises the
audit work on behalf of the Board. On restructuring of department in 2001,
now the officers in the Assessment Unit will perform internal audit
functions on a chain basis i.e. one officer will do the internal audit of
work done by another officer. This new audit pattern has since been
formulated and put in place vide Instruction No. 8/2001 dated 06.12.2001.
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There are separate chapters on ‘Internal Audit’ and ‘Revenue Audit’ in
volume-III of this Manual which detail the role and functions of officers
at various levels in relation to audit work of the department. In addition
to his audit related functions, CIT(Audit) has following administrative
functions also :-
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- Supervision and control
over the officers and staff working under him.
- Vigilance and disciplinary
matters.
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Functions of Commissioner of Income Tax (Departmental Representative),
Income Tax Appellate Tribunal.
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The functions of CIT(DR) and organisation of his office etc. have been
described in detail in the Chapter on ‘ Appeal and Revision’ in Volume-II
of this Manual.
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Functions of Additional/Joint Commissioner of Income Tax (Headquarters)
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The Additional/Joint Commissioner (Headquarters) attends to the work
entrusted to him by the Chief Commissioner/Commissioner of Income Tax. The
detailed functions of the headquarters are enumerated in the Chapter on
‘Headquarters Organisation and Functions’.
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Functions of Additional/Joint Commissioner of Income Tax (Range)
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After restructuring of the department, the business process has been redesigned
to make it Range-centric, thus emphasising the pivotal role of the
Range-head. Additional/Joint Commissioner, who is the head of the Range,
exercises concurrent jurisdiction and may, as such, also be required to
formulate assessments in revenue yielding and complex cases. The assessment
unit of the Range consists of five assessing officers (one DCIT/ACIT and
four ITOs). The collection unit in a Range is headed by a TRO who is
responsible for collection and recovery of tax. The Record Keeping Unit of
the Range is headed by an Administrative Officer/Office Superintendent.
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As head of the range, the main functions of the Addl./Joint Commissioner of
the Income Tax are :
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- Supervision and control
- Statutory functions
- Effective tax-payer services
- Expansion of tax-base
- Judicial functions
- Processing of TEPs
- Computerisation
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Note: Detailed functions of the Range are enumerated in the relevant
chapters of this Manual such as ‘Office Management’, ‘Assessment
Procedure’, etc.
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Functions of Departmental Representatives (Senior/Junior), Income Tax
Appellate Tribunal
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In an appeal filed before the Tribunal, the Assessing Officer is one of the
parties and since every officer cannot appear himself, the officers of the
rank of Additional/Joint Commissioner of Income Tax and Deputy/Assistant
Commissioner of Income Tax are appointed as Senior Departmental
Representatives and Junior Departmental Representatives respectively to
represent the case before the Income Tax Appellate Tribunal. The Senior or
Junior Departmental Representative is expected to present and argue the
case of the department independently and to render necessary assistance to
the CIT(DR).
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Functions of Additional/Joint/Deputy/Asstt. Commissioner of Income Tax (Audit)
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The Additional/Joint Commissioners of Income tax (Audit) are expected to
test check the registers maintained in Income Tax Offices for recording
audit objections and their disposal, as also to check the working of Audit
Cells set up in Income Tax Offices for dealing with audit objections. The
primary responsibility in these matters rests with Addl./Joint Commissioner
of Income Tax (Range). Addl./Joint Commissioner of Income Tax (Audit) will,
however, report any deficiency in the matter to the CIT. The idea
underlying is to ensure that the statistics compiled from these registers
reflect a true picture.
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There are separate chapters on ‘Internal Audit’ and ‘Revenue Audit’ in
volume-III of this Manual which detail the role and functions of officers
at various levels in relation to audit works of the department.
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Functions of Addl./Joint/Deputy/Assistant Director of Income Tax
(Investigation)
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- Pre-search enquiries and
reconnaissance work.
- Search and Seizures.
- Preparation of appraisal
report.
- Enquiry work in the TEPs.
- Surveys u/s 133 A(1) and
133A(5).
- Keeping liaison with other
departments like Customs and Central Excise, Enforcement Directorate,
Revenue Intelligence, Economic Offenses Wing of State Govt. , Police,
etc.
- Deals with the informants.
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Functions of Deputy/Assistant Commissioner of Income Tax (Headquarters).
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Deputy/Assistant Commissioner of Income Tax (Headquarters) assists the
Chief Commissioner/Commissioner of Income Tax in the headquarter functions.
CCITs/CITs have been permitted to utilise more than one Deputy/Assistant
Commissioner of Income Tax as Deputy/Assistant Commissioner of Income Tax
(Headquarters) in multi CC regions.
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Functions of Assessing Officers
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The main functions of the Assessing officers are :-
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- Ensuring processing of
returns on AST module.
- Allotting PANs wherever
required.
- Making IRLA operational and
ensuring that all demands are entered into this system.
- Ensuring that all the
software packages prescribed by the DIT (Systems) are made
operational.
- Seeing that all tax payers
grievances are attended in time and redressed in a fixed time bound
manner.
- Ensuring timely collection
of demands and issue of refunds.
- Selection of cases for scrutiny
in time and ensuring their timely disposal.
- Controlling all computer
hardware and software of the range and ensuring its maintenance,
replacement and updating. Providing technical support and guidance for
operation of the computer system.
- Taking all necessary steps
for widening of the tax base.
- Internal Audit functions.
- Ensuring that appeal
effects are given and central scrutiny reports are submitted in time.
- Statutory functions.
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Functions of Tax Recovery Officer (TRO).
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The jurisdiction of the Tax Recovery Officer (TRO) commences when an
assessee is in default or is deemed to be in default in making payment of
tax. The Tax Recovery Officer may draw up under his signature a statement
in the prescribed form specifying the amount of arrears due from the
assessee under section 222(1) of the Income Tax Act, 1961. The procedure
for recovery of tax is stipulated in the Second Schedule to the Income Tax
Act, 1961. Rule 4 of the Second Schedule lays down the following modes of
recovery of arrears of tax :
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- Attachment and sale of the
assessee’s movable property.
- Attachment and sale of his
immovable property.
- Arrest of the assessee and
his detention in prison.
- Appointing a receiver for
the management of his movable and immovable properties.
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The Tax Recovery Officer has to exercise his powers in accordance with
Income Tax (Certificate Proceedings) Rules (I.T.C.P. Rules), 1962 and the
Second Schedule to the Income Tax Act. The Tax Recovery Officer is primarily
responsible for effecting recovery of the arrears of tax. If at any time,
after drawing the tax certificate, the higher authority treats the assessee
as not being in default for a particular period for a certain demand, the
T.R.O. is bound to stay his recovery proceedings for that demand for the
particular period. He should liaise with the Assessing Officer so that
details of movable and immovable property and also the correct position of
demand can be ascertained.
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(ii) The powers and duties of its officers and employees.
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Please Refer (i) above.
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(iii) The procedure followed in the decision-making process including
channels of supervision and accountability.
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The Procedure followed in the decision-making process including channels of
supervision and accountability is given in IT Act, 1961, IT Rules, 1962,
Wealth Tax Act, 1957, Wealth Tax Rules, 1957, Manual of Office Procedure,
Volume I to III.
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(iv) The norms set by it for the discharge of its functions.
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The Department’s mission is to promote compliance with Direct Tax Laws
through quality taxpayer service encouraging voluntary compliance and firm
administration.
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