Income Tax Act, 1961
Section 2: Subs. by Act 20 of 2015, s. 79, for the Explanation (w.e.f. 12015).
2. Subs. by Act 20 of 2015, s. 79, for the Explanation (w.e.f. 12015).
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(vii) an individual who, or his relative or partner—
(I) is holding any security of, or interest in, the assessee:
Provided that the relative may hold security or interest in the assessee of the face value
not exceeding one hundred thousand rupees;
(II) is indebted to the assessee:
Provided that the relative may be indebted to the assessee for an amount not exceeding
one hundred thousand rupees;
(III) has given a guarantee or provided any security in connection with the indebtedness
of any third person to the assessee:
Provided that the relative may give guarantee or provide any security in connection with
the indebtedness of any third person to the assessee for an amount not exceeding one hundred
thousand rupees;
(viii) a person who, whether directly or indirectly, has business relationship with the assessee
of such nature as may be prescribed;
(ix) a person who has been convicted by a court of an offence involving fraud and a period of
ten years has not elapsed from the date of such conviction.
1* * * * *
(4) No person—
(a) who has been dismissed or removed from Government service after the 1st day of
April, 1938; or
(b) who has been convicted of an offence connected with any income-tax proceeding or on whom
a penalty has been imposed under this Act, other than a penalty imposed on him under 2[clause (ii) of
sub-section (1) of] section 271 3[clause (d) of sub-section (1) of section 272A or]; or
4[(c) who has become an insolvent; or
(d) who has been convicted by a court for an offence involving fraud,
shall be qualified to represent an assessee under sub-section (1), for all times in the case of a person
referred to in clause (a), for such time as the Principal Chief Commissioner or Chief Commissioner or
Principal Commissioner or Commissioner may by order determine in the case of a person referred to in
clause (b), for the period during which the insolvency continues in the case of a person referred to in
clause (c), and for a period of ten years from the date of conviction in the case of a person referred to in
clause (d).]
(5) If any person—
(a) who is a legal practitioner or an accountant is found guilty of misconduct in his professional
capacity by any authority entitled to institute disciplinary proceedings against him, an order passed by
that authority shall have effect in relation to his right to attend before an income-tax authority as it has
in relation to his right to practise as a legal practitioner or accountant, as the case may be;
an individual who, or his relative or partner—
is holding any security of, or interest in, the assessee:
Provided that the relative may hold security or interest in the assessee of the face value
not exceeding one hundred thousand rupees;
is indebted to the assessee:
Provided that the relative may be indebted to the assessee for an amount not exceeding
one hundred thousand rupees;
has given a guarantee or provided any security in connection with the indebtedness
of any third person to the assessee:
Provided that the relative may give guarantee or provide any security in connection with
the indebtedness of any third person to the assessee for an amount not exceeding one hundred
thousand rupees;
a person who, whether directly or indirectly, has business relationship with the assessee
of such nature as may be prescribed;
a person who has been convicted by a court of an offence involving fraud and a period of
ten years has not elapsed from the date of such conviction.
1* * * * *
No person—
who has been dismissed or removed from Government service after the 1st day of
April, 1938; or
who has been convicted of an offence connected with any income-tax proceeding or on whom
a penalty has been imposed under this Act, other than a penalty imposed on him under 2[clause
of
sub-section
of] section 271 3[clause
of sub-section
of section 272A or]; or
4[
who has become an insolvent; or
who has been convicted by a court for an offence involving fraud,
shall be qualified to represent an assessee under sub-section
If any person—
who is a legal practitioner or an accountant is found guilty of misconduct in his professional
capacity by any authority entitled to institute disciplinary proceedings against him, an order passed by
that authority shall have effect in relation to his right to attend before an income-tax authority as it has
in relation to his right to practise as a legal practitioner or accountant, as the case may be;