NO.37 OF 1971
[ 14th
August 1971]
An Act to provide for validation of
certain proceedings in relation to direct taxes and for
matters connected therewith.
Comment: The
objective of the Act is to provide for validation
of certain proceedings in relation to direct taxes.
BE it enacted by Parliament in
the twenty-second year of the Republic of India as
follows:-
1.Short title.-This Act may be called the
Central Board of Direct Taxes (validation of proceedings) Act,
1971.
2.Validation of certain
proceedings.-Notwithstanding any judgement decree or order of
any court, tribunal or any other authority no approval,
declaration, determination, recognition, direction,
instruction, notification, order or rule, or other thing or
actin given, made, granted issued, done or taken or purporting
to have been given, made granted, issued, done or taken by the
Central Board of Direct Taxes, constituted under the Central
Boards of Revenue Act, 1963 (54 of 1963) in the exercise of
the powers or the performance of the duties entrusted to it by
the Central Government or by or under nay law (not being the
Estate Duty Act, 1953 (34 of 1953) ) shall be deemed to be
invalid or ever to have been invalid by reason only of the
fact that such approval, declaration, determination,
recognition, direction, instruction, notification, order rule,
thing or action was given, made granted, issued, done or taken
by the Chairman and other members of the said Board, either
singly or jointly, without having been validly entrusted with
the powers or duties in that behalf in accordance with the
provisions of the aforesaid 1963- Act or the rules made
thereunder and accordingly-
(a) all acts, proceedings
or things done or taken in pursuance of such approval,
declaration, determination, recognition, direction,
instruction, notification, order rule, thing or action shall,
for all purposes, be deemed to be, and to have always been,
done or taken in accordance with law; and
(b) no suit
or other proceeding shall be instituted or continued against
the government or any person or authority whatsoever on the
ground that any such act, proceeding or thing was not done or
taken in accordance with law.
Chamber Practice.com, the legal service
provider
|