Section 246 - Appealable orders before Joint Commissioner (Appeals) - Income-tax Act, 1961

CHAPTER XX APPEALS AND REVISION 22 [A. Appeals to the Joint Commissioner (Appeals) and Commissioner (Appeals)] 23 [ Appealable orders before Joint Commissioner (Appeals). 246. (1) Any assessee aggrieved by any of the following orders of an Assessing Officer (below the rank of Joint Commissioner) may appeal to the Joint Commissioner (Appeals) against (a) an order being an intimation under sub-section (1) of section 143, where the assessee objects to the making of adjustments, or any order of assessment under sub-section (3) of section 143 or section 144, where the assessee objects to the amount of income assessed, or to the amount of tax determined, or to the amount of loss computed, or to the status under which he is assessed; (b) an order of assessment, reassessment or recomputation under section 147; (c) an order being an intimation under sub-section (1) of section 200A; (d) an order under section 201; (e) an order being an intimation under sub-section (6A) of section 206C; (f) an order under sub-section (1) of section 206CB; (g) an order imposing a penalty under Chapter XXI; and (h) an order under section 154 or section 155 amending any of the orders mentioned in clauses (a) to (g): Provided that no appeal shall be filed before the Joint Commissioner (Appeals) if an order referred to in this sub-section is passed by or with the prior approval of, an income-tax authority above the rank of Deputy Commissioner. (2) Where any appeal filed against an order referred to in sub-section (1) is pending before the Commissioner (Appeals), the Board or an income-tax authority so authorised by the Board in this regard, may transfer such appeal and any matter arising out of or connected with such appeal and which is so pending, to the Joint Commissioner (Appeals) who may proceed with such appeal or matter, from the stage at which it was before it was so transferred. (3) Notwithstanding anything contained in sub-section (1) and sub-section (2), the Board or an income-tax authority so authorised by the Board in this regard, may transfer any appeal which is pending before a Joint Commissioner (Appeals) and any matter arising out of or connected with such appeal and which is so pending, to the Commissioner (Appeals) who may proceed with such appeal or matter, from the stage at which it was before it was so transferred. (4) Where an appeal is transferred under the provisions of sub-section (2) or sub-section (3), the appellant shall be given an opportunity of being reheard. (5) For the purposes of disposal of appeal by the Joint Commissioner (Appeals), the Central Government may make a scheme, by notification in the Official Gazette, so as to dispose of appeals in an expedient manner with transparency and accountability, by eliminating the interface between the Joint Commissioner (Appeals) and the appellant, in the course of appellate proceedings to the extent technologically feasible and direct that any of the provisions of this Act relating to jurisdiction and procedure for disposal of appeals by the Joint Commissioner (Appeals), shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification. (6) For the purposes of sub-section (1), the Board may specify that the provisions of that sub-section shall not apply to any case or any class of cases. Explanation. For the purposes of this section, status means the category under which the assessee is assessed as individual , Hindu undivided family and so on. ] --------------------- Notes :- 1. Substituted for the sub-heading and section 246 by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to its substitution, sub-heading along with section 246 were amended by the Finance Act, 1964, w.e.f. 1-4-1964, Finance Act, 1966, w.e.f. 1-4-1967, Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971, Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976, Finance (No. 2) Act, 1977, w.e.f. 10-7-1978, Finance Act, 1979, w.e.f. 1-6-1979, Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984, Finance Act, 1984, w.e.f. 1-4-1985, Finance Act, 1987, w.e.f. 1-4-1988 and Finance Act, 1988, w.r.e.f. 1-4-1988/ 1-6-1987. 2. or applications omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 3. Inserted by the Finance Act, 2000, w.e.f. 1-6-2000. 4. Inserted by the Finance Act, 1994, w.e.f. 1-6-1994. 5. Words in respect of any assessment for the assessment year commencing on the 1st day of April, 1988 or any earlier assessment year omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 6. Inserted by the Finance Act, 1992, w.e.f. 1-4-1993. 7 . Words in respect of any assessment for the assessment year commencing on the 1st day of April, 1988 or any earlier assessment year omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 8. Inserted by the Finance Act, 1992, w.e.f. 1-4-1993. 9 . section 271C, section 271D, section 271E, omitted by the Finance Act, 1990, w.e.f. 1-4-1990. 10. Substituted for section 271E or section 272A by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 11. Words sub-section (1) of section 271, omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 12. Inserted by the Finance Act, 2000, w.e.f. 1-6-2000. 13. Inserted by the Finance Act, 2000, w.e.f. 1-6-2000. 14. Substituted for an order specified in sub-section (1) where such order by the Finance Act, 1994, w.e.f. 1-6-1994. 15. Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 16. Inserted by the Income-tax (Amendment) Act, 1997, w.e.f. 1-1-1997. 17. Inserted by the Finance Act, 1990, w.e.f. 1-4-1990. 18. Inserted by the Finance Act, 1990, w.e.f. 1-4-1990. 19 . Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 20. Substituted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 21 . Inserted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of June, 2013. 22. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, 1 [ A. Appeals 2 [***] to the Deputy Commissioner (Appeals) and Commissioner (Appeals) 23. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, Appealable orders. 246. (1) Subject to the provisions of sub-section (2), any assessee aggrieved by any of the following orders of an Assessing Officer (other than the Deputy Commissioner) may appeal to the Deputy Commissioner (Appeals) 3 [before the 1st day of June, 2000] against such order- ( a ) an order against the assessee, where the assessee denies his liability to be assessed under this Act 4 [, or an intimation under sub-section (1) or sub-section (1B) of section 143, where the assessee objects to the making of adjustments,] or any order of assessment under sub-section (3) of section 143 or section 144, where the assessee objects to the amount of income assessed, or to the amount of tax determined, or to the amount of loss computed, or to the status under which he is assessed; ( b ) an order of assessment, reassessment or recomputation under section 147 or section 150; ( c ) an order under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections; ( d ) an order made under section 163 treating the assessee as the agent of a non-resident; ( e ) an order under sub-section (2) or sub-section (3) of section 170; ( f ) an order under section 171; ( g ) any order under clause ( b ) of sub-section (1) or under sub-section (2) or sub-section (3) or sub-section (5) of section 185 5 [***] 6 [in respect of any assessment for the assessment year commencing on or before the 1st day of April, 1992]; ( h ) an order cancelling the registration of a firm under sub-section (1) or under sub-section (2) of section 186 7 [***] 8 [in respect of any assessment for the assessment year commencing on or before the 1st day of April, 1992]; ( i ) an order under section 201; ( j ) an order under section 216 in respect of any assessment for the assessment year commencing on the 1st day of April, 1988 or any earlier assessment year; ( k ) an order under section 237; ( l ) an order imposing a penalty under- ( i ) section 221, or ( ii ) section 271, section 271A, section 271B, 9 [***] 10 [section 272A, section 272AA or section 272BB]; ( iii ) 11 [***] section 272, section 272B or section 273, as they stood immediately before the 1st day of April, 1989, in respect of any assessment for the assessment year commencing on the 1st day of April, 1988 or any earlier assessment years. 12 [(1A) Notwithstanding anything contained in sub-section (1), every appeal filed, on or after the 1st day of October, 1998 but before the 1st day of June, 2000, before the Deputy Commissioner (Appeals) and any matter arising out of or connected with such appeal and which is so pending shall stand transferred to the Commissioner (Appeals) and the Commissioner (Appeals) may proceed with such appeal or matter from the stage at which it was on that day.] (2) Notwithstanding anything contained in sub-section (1), any assessee aggrieved by any of the following orders (whether made before or after the appointed day) may appeal to the Commissioner (Appeals) 13 [before the 1st day of June, 2000] against such order- ( a ) 14 [an intimation or order specified in sub-section (1) where such intimation is sent or such order] is made by the Deputy Commissioner in exercise of the powers or functions conferred on or assigned to him under section 120 or section 124; ( b ) an order specified in clauses ( a ) to ( e ) (both inclusive) and clauses ( i ) to ( l ) (both inclusive) of sub-section (1) 15 [or an order under section 104, as it stood immediately before the 1st day of April, 1988 in respect of any assessment for the assessment year commencing on the 1st day of April, 1987 or any earlier assessment year] made against the assessee, being a company; ( c ) an order of assessment made after the 30th day of September, 1984, on the basis of the directions issued by the Deputy Commissioner under section 144A; ( d ) an order made by the Deputy Commissioner under section 154; 16 [( da ) an order of assessment made by an Assessing Officer under clause ( c ) of section 158BC, in respect of search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132A, on or after the 1st day of January, 1997; ( db ) an order imposing a penalty under sub-section (2) of section 158BFA;] ( e ) an order imposing a penalty under section 271B 17 [or section 271BB]; 18 [( ee ) an order made by a Deputy Commissioner imposing a penalty under section 271C, section 271D or section 271E;] ( f ) an order made by a Deputy Commissioner or a Deputy Director imposing a penalty under section 272A; 19 [( ff ) an order made by a Deputy Commissioner imposing a penalty under section 272AA;] 20 [( g ) an order imposing a penalty under Chapter XXI by the Income-tax Officer or the Assistant Commissioner where such penalty has been imposed with the previous approval of the Deputy Commissioner under sub-section (2) of section 274;] ( h ) an order made by an Assessing Officer (other than Deputy Commissioner) under the provisions of this Act in the case of such person or classes of persons as the Board may, having regard to the nature of the cases, the complexities involved and other relevant considerations, direct. (3) Notwithstanding anything contained in sub-section (1), the Board or the Director General, or the 21 [Principal Chief Commissioner or] Chief Commissioner or 21 [Principal Commissioner or] Commissioner if so authorised by the Board, may, by order in writing, transfer any appeal which is pending before a Deputy Commissioner (Appeals) and any matter arising out of or connected with such appeal and which is so pending, to the Commissioner (Appeals) if the Board or, as the case may be, the Director General or 21 [Principal Chief Commissioner or] Chief Commissioner or 21 [Principal Commissioner or] Commissioner (at the request of the appellant or otherwise) is satisfied that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations and the Commissioner (Appeals) may proceed with such appeal or matter, from the stage at which it was before it was so transferred: Provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be reheard. Explanation .-For the purposes of this section,- ( a ) appointed day means the 10th day of July, 1978, being the day appointed under section 39 of the Finance (No. 2) Act, 1977 (29 of 1977); ( b ) status means the category under which the assessee is assessed as individual , Hindu undivided family and so on.]