90[91Appearance before wealth-tax authorities by
authorised representatives.
44. (1) Any
assessee who is entitled to or required to attend before any wealth-tax
authority or the Appellate Tribunal in connection with any proceeding under
this Act, except where he is required under this Act to attend in person, may
attend by a person who would be entitled to represent him before any income-tax
authority or the Appellate Tribunal under section 288 of the Income-tax Act.
(2) Notwithstanding anything in sub-section (1)—
(i) no person who has been convicted of
an offence connected with any wealth-tax proceeding or on whom a penalty has
been imposed under this Act other than a penalty imposed on him under clause (i)
or clause (ii) of sub-section (1) of section 18 shall be qualified to
represent an assessee under sub-section (1) for such time as the 92[Chief Commissioner or Commissioner] may by order
determine;
93(ii) if any
person who is not a legal practitioner or a chartered accountant, is found guilty
of misconduct in connection with any wealth-tax proceeding by the prescribed
authority, the prescribed authority may direct that he shall thenceforth be
disqualified to represent an assessee under sub-section (1);
(iii) no person not qualified to represent an
assessee under the Indian Income-tax Act, 1922 (11 of 1922), the Estate Duty
Act, 1953 (34 of 1953), the Expenditure-tax Act, 1957 (29 of 1957), or the
Gift-tax Act, 1958 (18 of 1958), shall be entitled to appear on behalf of any
assessee under this Act:
Provided that any order or direction under clause (i)
or clause (ii) shall be subject to the following conditions, namely :—
(a) no such order or direction shall be
made in respect of any person unless he has been given a reasonable opportunity
of being heard;
(b) any person against whom any such order or direction is made
may, within one month of the making of the order or direction, appeal to the
Board to have the order or direction cancelled; and
(c) no such order or direction shall take effect until the
expiration of one month from the making thereof, or, where an appeal has been
preferred, until the disposal of the appeal.]