Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    News Bills
    Incentives to Individual and HUF.
    News Bills
    Incentives to resident co-operative societies.
    News Bills
    Rates for deduction of income-tax at source from “Salaries”, computation of “advance tax” an...
    News Bills
    Rates for deduction of income-tax at source during the financial year (FY) 2020-21 from certain inco...
    News Bills
    Rates of income-tax in respect of income liable to tax for the assessment year 2020-21.
    News Bills
    Rates for deduction of income-tax at source from “Salaries”, computation of “advance tax” an...
    News Bills
    Rate of Tax for TDS / Advance Tax -  Individual, Hindu undivided family, association of persons, bo...
    News Bills
    Rate of Tax for TDS / Advance Tax -  Co-operative Societies
    News Bills
    Rate of Tax for TDS / Advance Tax -  Firms
    News Bills
    Rate of Tax for TDS / Advance Tax -  Local authorities
    News Bills
    Rate of Tax for TDS / Advance Tax -  Companies
    News Bills
    WIDENING AND DEEPENDING OF TAX BASE - Tax Deduction at Source (TDS) on payment by Individual/HUF to ...
    News Bills
    TDS at the time of purchase of immovable property
    News Bills
    Deemed accrual of gift made to a person outside India
    News Bills
    Mandatory furnishing of return of income by certain persons
    News Bills
    Inter-changeability of PAN & Aadhaar and mandatory quoting in prescribed transactions.
    News Bills
    Consequence of not linking PAN with Aadhaar
    News Bills
    Widening the scope of Statement of Financial Transactions (SFT)
    News Bills
    MEASURES FOR PROMOTING LESS CASH ECONOMY - Prescription of electronic mode of payments
    News Bills
    TDS on cash withdrawal to discourage cash transactions
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
News Bills
Show AI Summary
New concessional tax regime for individuals and HUFs allows optional slab taxation with strict deduction and withdrawal conditions.
Insertion of section 115BAC allows individuals and HUFs to opt into a concessional tax regime from assessment year 2021-22 under specified slab rates, subject to conditions: limited permitted allowances, broad disallowance of exemptions and deductions (including many section 10 exemptions, chapter VI-A deductions, and certain depreciation and loss set-offs), prescribed treatment of depreciation and transitional written-down value adjustment, prescribed exercise and withdrawal mechanics, and consequential exclusion from AMT and AMT credit carry-forward provisions.
News Bills
Show AI Summary
Concessional tax option for resident co-operative societies permits a reduced corporate rate subject to strict disallowances.
A new provision allows resident co-operative societies to opt for a concessional tax regime from the assessment year beginning 1 April 2021 where the society elects the option by the prescribed due date; the option is irrevocable and applies to subsequent years. Eligibility requires computing total income without specified deductions or incentives and without set-off of earlier losses or depreciation attributable to those disallowed items; such losses and depreciation are deemed given full effect and barred from future deduction, with prescribed written down value adjustments for unabsorbed depreciation. The regime attracts a 10 per cent surcharge and excludes applicability of Alternate Minimum Tax and related credit carryforward.
News Bills
Show AI Summary
Tax rate structure and withholding: optional new regimes affect salary TDS, advance tax and surcharge treatment.
Part III of the First Schedule prescribes slab-based TDS rates on salaries, advance tax computation rules and surcharge bands with marginal relief for individuals, HUFs, co-operative societies, firms, local authorities and companies; it retains distinct corporate rates tied to turnover, applies a health and education cess, and creates elective alternate tax regimes including optional taxation under section 115BAC for individuals/HUFs and section 115BAD for resident co-operative societies, which affect rate computation and surcharge treatment.
News Bills
Show AI Summary
Tax Deduction at Source: rates remain as prior year; new sections added and section 194 rate amended.
Tax deduction at source rates for non-salary incomes in FY 2020-21 remain as specified in the prior year schedule; section-specific deduction provisions persist. New sections 194K and 194O specify rates within those sections, and the rate under section 194 is revised to a rate stated in the Bill. Surcharge provisions apply to non-resident recipients by category and income bands, and Health and Education Cess continues to apply on income tax including surcharge.
News Bills
Show AI Summary
Surcharge tiers on income-tax established by taxpayer class and income bands; marginal relief and health and education cess apply.
The Bill prescribes tax rates for assessment year 2020-21 and establishes a multi-tier surcharge regime differentiated by taxpayer class and income bands, with specific caps on surcharge for income taxed under certain provisions. Marginal relief is provided to temper surcharge effects at thresholds. A Health and Education Cess is levied at a fixed rate on income tax inclusive of surcharge, with no marginal relief available for the cess.
News Bills
Show AI Summary
Rates for deduction of income-tax at source from salaries set and applied to advance tax and special-case assessments.
Part III of the First Schedule prescribes rates for deduction of income-tax at source from salaries and for computation of advance tax for the financial year 2019-20; those rates also apply to charging income-tax on current incomes in special assessment cases such as provisional assessment of non-resident shipping profits, assessments of persons leaving India, persons likely to transfer property to avoid tax, and short-duration bodies.
News Bills
Show AI Summary
Income-tax rates and surcharge rules set slab-based taxation with a graduated surcharge and limits on surcharge impact.
Slab-based income tax rates are prescribed for individuals, HUFs, AOPs, BOIs and artificial juridical persons with separate resident senior citizen slabs; computed tax is subject to a graduated surcharge for higher incomes, accompanied by a cap mechanism preventing the total tax-plus-surcharge on an income from exceeding the tax at the relevant bracket threshold by more than the excess income above that threshold.
News Bills
Show AI Summary
Tax rates for co-operative societies remain unchanged; a surcharge with a cap applies to high income societies.
Rates of income-tax for co-operative societies remain as specified in Paragraph B of Part III of the First Schedule to the Finance Bill, unchanged from the prior year. A surcharge applies to the income-tax of societies exceeding a high-income threshold, subject to a cap that prevents total tax and surcharge from exceeding the tax at the threshold by more than the excess income.
News Bills
Show AI Summary
Firm tax rate unchanged; surcharge applies to high income firms with a statutory cap limiting surcharge on excess income.
Rate of tax for firms for TDS and advance tax remains unchanged from the prior year; a surcharge of twelve per cent is levied where a firm's total income exceeds one crore rupees, subject to a cap that limits the aggregate income tax and surcharge on income above the threshold to not exceed the tax on the threshold amount by more than the excess income.
News Bills
Show AI Summary
Surcharge on local authority income applies above a threshold, with a statutory cap limiting aggregate tax increase.
The income-tax rate for local authorities is maintained at the prior year's level for purposes of TDS and advance tax; a statutory surcharge is levied where total income exceeds a prescribed threshold. A statutory cap limits the combined income-tax and surcharge so that the aggregate tax on income above the threshold does not exceed the income-tax payable as if income equalled the threshold by more than the excess income.
News Bills
Show AI Summary
Corporate tax rate revised, varying by domestic status; surcharge and health and education cess apply.
Income tax rates for companies distinguish domestic and other companies, with domestic companies below a specified turnover threshold subject to a lower rate and others taxed at a higher rate. Surcharge is levied in graded bands for domestic and non domestic companies, with marginal relief caps limiting excess tax attributable to incomes above prescribed thresholds. Certain specified company cases attract a prescribed surcharge rate. A Health and Education Cess is levied on tax including surcharge, and marginal relief is not available in respect of that cess.
News Bills
Show AI Summary
TDS on individual and HUF payments to contractors and professionals: new withholding applies above threshold; PAN may be used instead of TAN.
Section 194M imposes withholding on payments by individuals and Hindu undivided families to resident contractors and professionals where the aggregate annual payments exceed the statutory threshold; tax is to be deducted at the prescribed withholding rate and may be deposited using the payer's Permanent Account Number, relieving such payers from the requirement to obtain a Tax Deduction Account Number.
News Bills
Show AI Summary
TDS on transfer of immovable property now covers ancillary charges, expanding 'consideration' to include fees incidental to sale.
The Explanation to Section 194-IA is amended to state that consideration for immovable property includes ancillary charges payable by the buyer-such as club membership, car parking, electricity and water facility fees, maintenance fees, advance fees and other similar incidental charges-thereby making these amounts part of the taxable base for TDS on transfer of immovable property other than agricultural land.
News Bills
Show AI Summary
Deemed accrual of gifts: transfers by Indian residents to nonresidents treated as taxable in India under new provision.
Gifts of money or property made by a person resident in India to a person outside India, where the property is situated in India or sums are paid, are deemed to accrue or arise in India for tax purposes when made on or after 5 July 2019; existing statutory gift exemptions continue to apply and applicable DTAA provisions remain operative. The amendment takes effect from 1 April 2020 and applies to assessment year 2020-21 onward.
News Bills
Show AI Summary
Mandatory return filing for high-value transactions expands to include transaction and rollover-based filing triggers.
Amendments mandate filing of income tax returns by individuals who, during the previous year, undertake specified high-value transactions-including large current account deposits, significant foreign travel expenditure, or substantial electricity consumption-or meet other prescribed conditions; and require persons claiming capital gains rollover exemptions on reinvestment in specified assets to file returns when their pre-rollover total income exceeded the basic exemption limit, even if post-claim income is below that limit.
News Bills
Show AI Summary
Inter-changeability of PAN and Aadhaar: Aadhaar may be quoted in lieu of PAN and recipients must ensure authentication.
Proposed amendments allow a person required to quote PAN to furnish an Aadhaar number in lieu of PAN and provide that persons entering certain prescribed transactions who lack a PAN must apply for one; recipients of documents must ensure PAN or Aadhaar is duly quoted and authenticated, and a penalty provision is amended to enforce compliance.
News Bills
Show AI Summary
PAN-Aadhaar linkage: failure to intimate Aadhaar renders PAN inoperative while preserving prior transactions under proposed amendment.
Failure to intimate Aadhaar will result in the PAN being made inoperative in the prescribed manner rather than being deemed invalid, with an express provision preserving the validity of transactions previously carried out through that PAN; the amendment is prospective and will take effect from the notified effective date.
News Bills
Show AI Summary
Statement of Financial Transactions reporting: expanded mandatory reporting, threshold removed and penalties broadened to enhance tax pre-filling.
Mandatory reporting under the Statement of Financial Transactions is widened to require additional prescribed persons to furnish SFTs, the existing aggregate transaction threshold for reporting is removed to include small-value transactions, defects unrectified within the prescribed time will be treated as furnishing inaccurate information, and penalty provisions are expanded to cover all reporting entities; these amendments take effect from 1st September, 2019.
News Bills
Show AI Summary
Electronic payment requirement extended to include prescribed electronic modes, altering payment compliance and tax treatment from specified effective dates.
Amendments add "other electronic mode as may be prescribed" to the list of acceptable non cash payment modes across multiple income tax provisions, so payments or receipts through prescribed electronic instruments will satisfy statutory conditions for donation exemption, capital expenditure recognition, disallowance avoidance, actual cost determination, stamp duty linked valuation, presumptive taxation eligibility, and employment related deductions. The changes apply from specified effective dates: most tax treatment provisions from 1 April 2020 and the prohibitions on specified cash receipts/repayments from 1 September 2019.
News Bills
Show AI Summary
TDS on cash withdrawals to apply when annual cash withdrawals exceed a threshold, with specified institutional exemptions.
Section 194N creates a TDS obligation on cash payments from a recipient's account by banks, cooperative banks and post offices when annual aggregate cash withdrawals exceed a prescribed threshold, targeting reduction of cash transactions; specified institutional recipients are exempted, and the Central Government may notify further exemptions in consultation with the Reserve Bank of India, with a statutory commencement provision.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Evolution of Appellate Remedies in Indian Income Tax Law : Clause 356 of the Income Tax Bill, 2025 Vs. Section 246 of the Income-tax Act, 1961

4 July, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Clause 356 Appealable orders before Joint Commissioner (Appeals).

Income Tax Bill, 2025

Introduction

The appellate framework within Indian income tax law has evolved to meet the demands of efficiency, transparency, and taxpayer rights. Clause 356 of the Income Tax Bill, 2025, represents a significant re-codification of the law relating to appeals before the Joint Commissioner (Appeals) (JCIT(A)), superseding and reimagining the regime previously governed by Section 246 of the Income-tax Act, 1961. This commentary provides a comprehensive analysis of Clause 356, exploring its scope, legislative intent, and practical implications, and undertakes a detailed comparative assessment with Section 246. The aim is to elucidate the continuities and departures in the legislative approach, highlight policy rationales, and anticipate the practical impact on taxpayers, revenue authorities, and the appellate system.

Objective and Purpose

The appellate structure under the Income Tax Act is designed to provide an effective and accessible remedy to taxpayers aggrieved by orders of the Assessing Officer (AO). The legislative intent behind Clause 356 is to streamline the process of appeals, clarify jurisdictional aspects, and enhance procedural efficiency-especially in light of technological advancements and the push for faceless proceedings. The provision seeks to balance the interests of taxpayers in securing expeditious justice with the administrative imperative of reducing litigation backlog and ensuring uniformity in appellate decisions.

Section 246, as it stood under the 1961 Act, was periodically amended to reflect changes in the tax administration, including the creation of new authorities and the expansion of appealable orders. Clause 356 represents the latest legislative effort to consolidate and modernize the appellate process, particularly in the context of the faceless and digital tax ecosystem envisaged by recent reforms.

Detailed Analysis of Clause 356 of the Income Tax Bill, 2025

1. Scope of Appealable Orders (Sub-section (1))

Clause 356(1) specifies the orders of an Assessing Officer (below the rank of Joint Commissioner) that are appealable before the JCIT(A). The clause is structured as an exhaustive list, with each item targeting a distinct category of order:

  • (a) Intimations u/s 270(1) or 399(1): This provision allows appeals against intimations involving adjustments, ensuring that taxpayers can challenge computational or procedural corrections made by the AO.
  • (b) Orders u/s 270(10) or 271: This covers substantive assessment orders, granting the right to appeal against the amount of income assessed, tax determined, loss computed, or the status of assessment. The inclusion of "status" is significant, as it affects the applicable tax rates and exemptions.
  • (c) Orders of assessment, reassessment, or recomputation u/s 279: This ensures that all forms of substantive tax computation-whether original, revised, or recomputed-are appealable, reflecting the principle of natural justice.
  • (d) Orders u/s 398: The specific reference to section 398 (the content of which is not detailed here) suggests inclusion of specialized orders, possibly relating to procedural or compliance aspects.
  • (e) Order imposing penalty under Chapter XXI: The right to appeal against penalties is a cornerstone of taxpayer protection, preventing arbitrary or excessive penal action.
  • (f) Orders u/s 287 or 288 amending any of the above orders: This ensures that amendments to the original orders, which may adversely affect the taxpayer, are also subject to appellate scrutiny.

The structure of Clause 356(1) reflects a deliberate effort to clarify and consolidate the categories of appealable orders, reducing ambiguity and ensuring that taxpayers have a clear understanding of their appellate rights.

2. Restrictions on Right to Appeal (Sub-section (2))

Clause 356(2) introduces a significant limitation: no appeal lies before the JCIT(A) if the impugned order is passed by, or with the prior approval of, an income-tax authority above the rank of Deputy Commissioner. This is a jurisdictional filter, designed to ensure that orders involving higher-level oversight are not subject to initial appellate review by the JCIT(A), but may instead be routed to the Commissioner (Appeals) or higher forums. This provision aims to maintain a hierarchical balance and prevent unnecessary duplication of appellate scrutiny.

3. Transfer of Appeals (Sub-section (3))

Clause 356(3) empowers the Board or an authorized income-tax authority to transfer appeals between the JCIT(A) and Commissioner (Appeals), regardless of the original jurisdiction. This flexibility is critical for efficient case management, workload balancing, and ensuring that appeals are adjudicated at the appropriate level. The provision recognizes the dynamic nature of tax litigation, where complexity, quantum, or policy considerations may warrant transfer of appellate jurisdiction.

  • (a) Appeals pending before the Commissioner (Appeals) can be transferred to the JCIT(A).
  • (b) Appeals pending before the JCIT(A) can be transferred to the Commissioner (Appeals).

This transfer mechanism is "notwithstanding" the earlier sub-sections, underlining its overriding effect and the legislative intent to prioritize administrative convenience and justice over rigid jurisdictional boundaries.

4. Opportunity of Rehearing (Sub-section (4))

To safeguard the principles of natural justice, Clause 356(4) mandates that where an appeal is transferred under sub-section (3), the appellant must be given an opportunity to be reheard. This is a critical procedural safeguard, ensuring that the transfer of jurisdiction does not prejudice the taxpayer's right to a fair hearing.

5. Faceless/Technological Scheme for Appeals (Sub-section (5))

A major innovation in Clause 356 is the explicit recognition of a government-notified scheme for the disposal of appeals. The provision allows for the disposal of appeals in an expedient, transparent, and accountable manner, with the elimination of physical interface between the JCIT(A) and the appellant to the extent technologically feasible. The Central Government is empowered to direct that the usual provisions relating to jurisdiction and procedure may not apply, or may apply with modifications, in the context of such a scheme.

This reflects the ongoing transition to a "faceless" or digital appellate system, aimed at reducing subjectivity, increasing efficiency, and minimizing opportunities for corruption or delay.

6. Exclusion of Certain Cases (Sub-section (6))

Clause 356(6) empowers the Board to specify, by notification, that the provisions of this section shall not apply to any case or class of cases. This carve-out allows the Board to exclude sensitive, complex, or high-stakes matters from the purview of the JCIT(A), thereby ensuring that only appropriate cases are handled at this level.

7. Definition of "Status" (Sub-section (7))

The term "status" is defined by reference to section 2(77), clarifying that it pertains to the category of person under which the assessee is assessed. The explicit definition eliminates interpretational disputes and aligns with the broader statutory lexicon.

Practical Implications

1. For Taxpayers

Clause 356 offers a structured and predictable appellate remedy for taxpayers aggrieved by specified orders. The inclusion of both substantive and procedural orders within its scope ensures comprehensive coverage. The provision for faceless appeals enhances taxpayer convenience and reduces the risk of arbitrary treatment. However, the restriction on appeals against orders passed with higher authority approval may limit remedies in certain high-stakes cases, necessitating recourse to higher appellate forums.

2. For Revenue Authorities

The transfer and exclusion provisions confer significant administrative flexibility, allowing the Board to allocate cases efficiently and focus resources on complex or high-value disputes. The faceless scheme aligns with the government's Digital India initiative and is likely to reduce litigation delays and administrative overhead.

3. For the Appellate System

By clarifying jurisdiction and streamlining procedures, Clause 356 is likely to enhance the overall efficiency of the appellate system. The opportunity for rehearing upon transfer ensures procedural fairness, while the exclusion power allows the Board to manage sensitive or precedent-setting cases appropriately.

Comparative Analysis with Section 246 of the Income-tax Act, 1961

1. Structure and Scope of Appealable Orders

Section 246 of the 1961 Act provided a detailed and somewhat expansive list of orders appealable to the JCIT(A), covering:

  • Intimations u/s 143(1) (adjustments)
  • Assessment orders u/s 143(3), 144, and 147
  • Various penalty orders (Chapter XXI)
  • Orders under TDS/TCS provisions (sections 200A, 201, 206CB, etc.)
  • Amendment orders u/ss 154 and 155

Clause 356, while similar in approach, reorganizes the categories and updates references to align with the proposed structure of the 2025 Bill. For instance, references to sections 270, 271, 279, 398, 287, and 288 in Clause 356 correspond to assessment, penalty, and amendment provisions in the new Bill. The consolidation of orders into broader categories, and the reliance on cross-references to other sections, streamlines the provision and reduces redundancy.

Notably, Clause 356 omits some specific TDS/TCS-related orders (such as those u/ss 200A, 201, 206CB, etc.) that were explicitly enumerated in Section 246. This may reflect a legislative intention to channel such disputes through alternative mechanisms or to the Commissioner (Appeals), or it may be an artifact of the restructured Bill where such matters are addressed elsewhere.

2. Jurisdictional Restrictions

Both provisions contain a similar restriction: no appeal to the JCIT(A) lies if the order is passed by, or with the prior approval of, an authority above the rank of Deputy Commissioner. This ensures that higher-level orders are subject to review at a more senior appellate forum, preserving administrative hierarchy.

3. Transfer of Appeals

Section 246 permitted the Board to transfer appeals between the Commissioner (Appeals) and JCIT(A), and vice versa, for reasons of administrative expediency. Clause 356 retains and clarifies this mechanism, allowing for transfer in both directions "notwithstanding" other provisions. The opportunity for rehearing is preserved in both statutes, reflecting a consistent commitment to procedural fairness.

4. Faceless/Technological Appeals

Section 246(5) authorized the Central Government to notify a scheme for faceless disposal of appeals, with the power to modify or exclude procedural provisions as necessary. Clause 356(5) builds on this framework, emphasizing transparency, accountability, and the elimination of physical interface. The language in Clause 356 is more forward-looking, explicitly referencing technological feasibility and the potential for broad procedural adaptation.

5. Exclusion of Cases

Section 246(6) and Clause 356(6) both empower the Board to exclude cases or classes of cases from the purview of the JCIT(A). This ensures that sensitive, complex, or high-stakes matters can be reserved for higher appellate forums, maintaining flexibility in the appellate process.

6. Definition of "Status"

Section 246 provided an explanation defining "status" as the category under which the assessee is assessed (individual, HUF, etc.). Clause 356 adopts a more precise approach, referencing section 2(77) of the new Bill, thereby integrating the definition into the broader statutory framework and reducing the risk of interpretational disputes.

7. Legislative Evolution and Policy Rationale

The changes from Section 246 to Clause 356 reflect a broader policy shift toward digitalization, administrative efficiency, and clarity in appellate rights. The move toward faceless appeals is a response to concerns over subjectivity, corruption, and delay. The consolidation and rationalization of appealable orders, as well as the enhanced transfer and exclusion powers, aim to optimize resource allocation and case management within the tax administration.

At the same time, the core principles of taxpayer protection-right to appeal, opportunity of hearing, and procedural fairness-are preserved and in some respects strengthened, particularly through explicit procedural safeguards.

Ambiguities and Potential Issues

  • Omission of Certain Orders: The apparent omission of some TDS/TCS-related orders in Clause 356 could create uncertainty regarding the appellate remedy for such disputes, unless addressed elsewhere in the Bill.
  • Scope of Exclusion Power: The broad exclusion power vested in the Board could, if exercised excessively, undermine the accessibility of the appellate remedy for certain classes of taxpayers.
  • Technological Challenges: The success of the faceless appellate scheme depends on robust digital infrastructure and user-friendly interfaces. Any deficiencies could impair access to justice, particularly for less tech-savvy taxpayers.
  • Procedural Adaptation: The power to modify or exclude procedural provisions in the context of the faceless scheme must be exercised judiciously to ensure that the core principles of natural justice are not compromised.

Comparative Features Table

Feature Section 246 of the Income-tax Act, 1961 Clause 356 of the Income Tax Bill, 2025
Appealable Orders Detailed, specific listing (including TDS/TCS, amendments, penalties) Consolidated, broader categories, updated cross-references
Jurisdictional Restriction No appeal if order by/higher authority approval Same restriction retained
Transfer of Appeals Permitted between JCIT(A) and Commissioner (Appeals) Permitted, with explicit "notwithstanding" clause
Rehearing on Transfer Opportunity to be reheard Opportunity to be reheard
Faceless/Technological Scheme Central Government may notify scheme Central Government may notify scheme; more emphasis on transparency, accountability, and technological feasibility
Exclusion of Cases Board may specify exclusions Board may specify exclusions
Definition of "Status" Explanation provided Reference to section 2(77)

Conclusion

Clause 356 of the Income Tax Bill, 2025, represents a thoughtful recalibration of the appellate framework for orders of the Assessing Officer. While preserving the essential safeguards and remedies embedded in Section 246 of the Income-tax Act, 1961, it introduces greater clarity, administrative flexibility, and technological innovation. The consolidation of appealable orders, the preservation of procedural fairness, and the embrace of faceless appeals are all positive developments.

Nonetheless, the practical success of the new regime will depend on the careful implementation of the faceless scheme, judicious exercise of exclusionary powers, and the provision of adequate guidance on the scope of appealable orders-especially where references to certain categories (such as TDS/TCS) are less explicit than in the past. The transition to the new regime will require sustained engagement between taxpayers, practitioners, and the tax administration to ensure that the appellate system remains accessible, efficient, and just.


Full Text:

Clause 356 Appealable orders before Joint Commissioner (Appeals).

Topics

Acts Income Tax