Income Tax Ordinance, 2001 — Section 214A: Condonation of time limit

7[214A. Condonation of time limit.— Where any time or period has been specified under any of the provisions of the Ordinance or rules made there-under within which any application is to be made or any act or thing is to be done, the Board may, 8[at any time before or after the expiry of such time or period,] in any case or class of cases, permit such application to be made or such act or thing to be done within such time or period as it may consider appropriate 9[.] 10[Explanation,— For the purpose of this section, the expression “any act or thing is to be done” includes any act or thing to be done by the taxpayer or by the authorities specified in section 207.] Provided that the Board may, by notification in the official Gazette, and subject to such limitations or conditions as may be specified therein, empower 1 Substituted by the Finance Act, 2002. The substituted section 213 read as follows: “213. Exercise of jurisdiction by successor.- Where, in respect of any proceedings under this Ordinance, an income tax authority is succeeded by another, the succeeding authority may continue the proceedings from the stage at which it was left by that authority’s predecessor.” 2 The words “Central Board of Revenue” substituted by the Finance Act, 2007. 3 Section 214 substituted by the Finance Act, 2002. The substituted section 214 read as follows: “214. Guidance to Commissioner or taxation officer.- In the course of any proceedings under this Ordinance, the Commissioner or any taxation officer with delegated power under section 211 may be assisted, guided or instructed by any income tax authority to whom he is subordinate or any other person authorised in this behalf by the Central Board of Revenue.” 4 The words “Central Board of Revenue” substituted by the Finance Act, 2007. 5 The words “Central Board of Revenue” substituted by the Finance Act, 2007. 6 The words “Central Board of Revenue” substituted by the Finance Act, 2007. 7 Inserted by the Finance Act, 2009. 8 Expression inserted by the Finance Act, 2022. 9 Colon substituted by the Finance Act, 2012. 10 Inserted by the Finance Act, 2012. 425 Chapter XI – Administration any Commissioner or 1[Chief Commissioner] under this Ordinance to exercise the powers under this section in any case or class of cases] 2[: Provided further that regardless of anything stipulated in this section, or any provision of this Ordinance, or any other applicable law currently in force, and notwithstanding any decision, order or judgment issued by any forum, authority or court, the maximum period of extension under this section by the Board or the Commissioner, as the case may be, shall not exceed two years in aggregate: Provided also that where there are reasons to believe that significant loss to exchequer or the taxpayer has been caused by an act of omission or commission by the person or by the Commissioner, a committee of members as notified by the Board may further condone the limitation specified for a period as it may deem fit, after providing a reasonable opportunity of being heard to the person concerned.] Chapter XI – Administration

(2)Audit of Income Tax affairs of persons selected under sub-section (1) shall be conducted as per procedure given in section 177 and all the provisions of the Ordinance, except the first proviso to sub-section (1) of section 177, shall apply accordingly.

(3)For the removal of doubt it is hereby declared that Board shall be deemed always to have had the power to select any persons or classes of persons for audit of Income Tax affairs.] 1[Explanation.— For the removal of doubt, it is declared that the powers of the Commissioner under section 177 are independent of the powers of the Board under this section and nothing contained in this section restricts the powers of the Commissioner to call for the record or documents including books of accounts of a taxpayer for audit and to conduct audit under section 177.] 2[ ] 3[ ]