Amendment of section 246A
46. In section 246A of the Income-tax Act, in sub-section (1),—
(i) in clause (a),––
(I) the words, brackets, figures and letters “or an order referred to in sub-section (12) of section 144BA” shall be omitted;
(II) after the words “Dispute Resolution Panel”, the words, brackets, figures and letters “or an order referred to in sub-section (12) of section 144BA” shall be inserted with effect from the 1st day of April, 2016;
(ii) in clause (b),––
(I) the words, brackets, figures and letters “or an order referred to in sub-section (12) of section 144BA” shall be omitted;
(II) after the words “Dispute Resolution Panel”, the words, brackets, figures and letters “or an order referred to in sub-section (12) of section 144BA” shall be inserted with effect from the 1st day of April, 2016;
(iii) in clause (ba),––
(I) the words, brackets, figures and letters “or an order referred to in sub-section (12) of section 144BA” shall be omitted;
(II) the words, brackets, figures and letters “or an order referred to in sub-section (12) of section 144BA” shall be inserted at the end with effect from the 1st day of April, 2016;
(iv) in clause (c),––
(I) the words, brackets, figures and letters “except where it is in respect of an order as referred to in sub-section (12) of section 144BA” shall be omitted;
(II) the words, brackets, figures and letters “except an order referred to in sub-section (12) of section 144BA” shall be inserted at the end with effect from the 1st day of April, 2016.
Notes on Clauses:
Clause 46 of the Bill seeks to amend section 246A of the Income-tax Act relating to appealable orders before Commissioner (Appeals).
It is proposed to amend clauses (a), (b) and (ba) of sub-section (1) of the aforesaid section so as to omit “or an order referred to in sub-section (12) of section 144BA” therefrom. It is also proposed to amend clause (c) of sub-section (1) of the aforesaid section so as to omit “except where it is in respect of an order as referred to in sub-section (12) of section 144BA” therefrom.
This amendment will take effect retrospectively from 1st April, 2013.
It is proposed to amend clauses (a), (b), (ba) and (c) of subsection (1) of the aforesaid section 246A to provide that an order of assessment or reassessment passed with approval of Commissioner under sub-section (12) of newly inserted 144BA or any order under section 154 or section 155 passed in relation to such an order shall not be appealable before Commissioner (Appeals).
This amendment will take effect from 1st April, 2016.
