Tax Ready Reckoner

Under Section 246A of the Income Tax Act, 1961, taxpayers can file an appeal before the Commissioner of Income Tax (Appeals) [CIT(A)] against certain orders passed by income tax authorities. 1. Orders Appealable Under Section 246A An appeal lies to the CIT(A) against the following orders: Orders Passed by Assessing Officer (AO) [Section 246A(1)] Assessment Orders(Section 143(3), 144, 147, 153A, etc.) Regular […]

Under Section 248 of the Income Tax Act, 1961, a person who denies liability to deduct tax at source (TDS) under Chapter XVII-B can file an appeal before the Commissioner of Income Tax (Appeals) [CIT(A)]. 1. Who Can File an Appeal Under Section 248? Any deductor (payer)who disputes the obligation to deduct TDS on a payment. Example Cases: A company argues that a payment

Under Section 249 of the Income Tax Act, 1961, along with Rules 45 and 46 of the Income Tax Rules, the procedure for filing an appeal before the Commissioner of Income Tax (Appeals) [CIT(A)] is governed. Below is a structured breakdown of the key provisions: 1. Who Can File an Appeal? An appeal under Section 249 can be filed by: Taxpayersaggrieved by: Assessment orders(e.g.,

Section 250 of the Income Tax Act, 1961 governs the procedure followed by the Commissioner of Income Tax (Appeals) [CIT(A)] while hearing appeals. Here’s a detailed analysis: 1. Who is the Authority? The authority hearing the appeal is the Commissioner of Income-tax (Appeals) [CIT(A)]. This is the first level of appellate authority under the Income Tax

The Faceless Appeal Scheme, 2021, introduced via Notification No. 139/2021 dated 28th December 2021, replaced the earlier Faceless Appeal Scheme, 2020. This scheme aims to eliminate physical interaction between taxpayers and tax authorities, ensuring transparency, efficiency, and accountability in the appellate process under the Income Tax Act, 1961 . 1. Key Features of the Faceless Appeal Scheme, 2021 1. Structure of Faceless Appeals

Under Section 251 of the Income Tax Act, 1961, the Commissioner of Income Tax (Appeals) [CIT(A)] has wide-ranging powers to adjudicate appeals against orders passed by the Assessing Officer (AO) or other tax authorities. Here’s a detailed breakdown of these powers: 1. Power to Confirm, Reduce, Enhance, or Annul the Assessment The CIT(A) can: ✔ Confirm the AO’s order (uphold the assessment). ✔ Reduce the assessment

Under Section 253 of the Income Tax Act, 1961, appeals can be filed before the Income Tax Appellate Tribunal (ITAT)—the second level of appeal after the Commissioner (Appeals). Here’s a structured breakdown of the provisions: 1. Who Can File an Appeal? (A) Assessee (Taxpayer) [Section 253(1)] An assessee can appeal against: ✔ Orders of CIT(A) (e.g., assessment, penalty, or revision orders). ✔ Orders passed

The Income Tax Appellate Tribunal (ITAT) is the second appellate authority under the Income Tax Act, 1961. Below is a structured guide to filing an appeal before ITAT under Sections 253(3) to (6). 1. Who Can File an Appeal? Assessees(against CIT(A)’s order) – Section 253(1) Income Tax Department(against CIT(A)’s order) – Section 253(2) 2. Time Limit for Filing Appeal [Section 253(3)] PARTY

The Income Tax Appellate Tribunal (ITAT) derives its adjudicatory powers from Section 254 of the Income Tax Act, 1961. This section governs the nature, scope and procedure of orders passed by the Tribunal. 1. Types of Orders Under Section 254 (A) Final Appellate Orders [Section 254(1)] The ITAT may pass orders to: ✔ Confirm the order under appeal ✔ Modify the assessment/penalty ✔ Set

The Income Tax Appellate Tribunal (ITAT) is the final fact-finding authority under the Income Tax Act, 1961. However, its orders can be challenged before higher judicial forums under specific circumstances. Below are the legal remedies available against ITAT orders: 1. Appeal to High Court [Section 260A] When Can You Appeal? ✔ Only if a “substantial question of law” arises from ITAT’s order. ❌ Not