Just a moment...

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 ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

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
    Manuals Income Tax
    I have a handicapped dependent who is my cousin ( Daughter of my mother’s sister). She is complete...
    Manuals Income Tax
    Mr. X is a pensioner and his pension is less than his son’s salary. His daughter is a disabled dep...
    Manuals Income Tax
    Who can be your disabled dependent?
    Manuals Income Tax
    What is considered as disability and Severe Disability?
    Manuals Income Tax
    If office deducts salary for medical insurance for employee and his family, whether the employee can...
    Manuals Income Tax
    Can somebody having invested the amount from income exempt from tax or by taking loan, claim deducti...
    Manuals Income Tax
    An individual assessee pays (through any mode other than cash) during the previous year medical insu...
    Manuals Income Tax
    Part contribution ?
    Manuals Income Tax
    Mr A, new retail investor has invested in listed equity share/units of equity oriented fund of Rajiv...
    Manuals Income Tax
    X deposit 1,10,000 in PPF & made a contribution of 410,000 to annuity policy of LIC (eligible for de...
    Manuals Income Tax
    X deposit 41,000 in PPF & made a contribution of 1,10,000 to annuity policy of LIC (eligible for ded...
    Manuals Income Tax
    Suppose Mr. has paid premium of 25,000 for policy A taken on 30th June 2011 (sum assured 2,00,000) a...
    Manuals Income Tax
    I and my wife both paid for education of our one child. My wife paid 70,000 and I paid 1,60,000 can ...
    Manuals Income Tax
    Can I claim deduction u/s 80C of Income tax Act, 1961 for my adopted child’s school fees?
    Manuals Income Tax
    What are the inclusions and exclusions in Tuition Fees?
    Manuals Income Tax
    Example illustrating the Rule of Residence for an Individual for the Assessment year 2015-16
    Manuals Income Tax
    Example:-During the previous year ending 31st March, 2013, X, a salaried employee received ₹ 1...
    Manuals Income Tax
    Example:-The employer sells the following assets to the employees on 1st January 2015. Car to Z for...
    Manuals Income Tax
    Example:-. On 15th October 2014, the company gives its music system to Y for domestic use. Ownershi...
    Manuals Income Tax
    Example:-X owns car (1400cc). He uses it partly for official purposes and partly for private purpose...
❯❯
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
Manuals Income Tax
Show AI Summary
Deduction under section 80DD: a cousin does not qualify as a dependent for claiming the deduction.
The statutory dependent definition limits eligible relatives to spouse, children, parents, brothers, sisters, spouse's siblings, and parents' siblings; a cousin (daughter of mother's sister) is excluded, so expenses for her maintenance and medical treatment cannot be claimed as a deduction.
Manuals Income Tax
Show AI Summary
Disability deduction eligibility: a dependent sibling may claim 80DD deduction if financially supporting the disabled dependent.
An Assessing Officer's objection that the son cannot claim the deduction because Mr. X receives pension is incorrect. Deduction under section 80DD covers dependents including brothers and sisters; the son may claim the deduction if the disabled daughter is dependent on him. The son should furnish an undertaking from Mr. X confirming the daughter's dependency on the son rather than on Mr. X.
Manuals Income Tax
Show AI Summary
Disabled dependent eligibility for income tax deductions requires relatives or HUF members to be wholly or mainly dependent.
Eligibility for deductions requires that the disabled person be wholly or mainly dependent on the claimant for support and maintenance. For individuals, eligible dependents include spouse, children, parents, brothers and sisters. For a HUF, any member of the HUF may be treated as a disabled dependent for claiming the deduction.
Manuals Income Tax
Show AI Summary
Disability definition sets qualifying conditions and severity thresholds for income-tax deductions for specified impairments under tax law.
Definition of disability for income-tax deductions under sections 80DD and 80DDB follows the Persons with Disabilities Act, 1995, listing impairments such as blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation, mental illness, autism, cerebral palsy and multiple disabilities; a person is considered disabled when impairment is not less than 40%, and severe disability is an impairment of 80% or more, which determine eligibility for the specified deductions.
Manuals Income Tax
Show AI Summary
Health insurance deduction allowed when employee bears premium paid non-cash and obtains employer certificate confirming the deduction.
A deduction under section 80D is available where the employee has paid medical insurance premiums for himself and/or his family by a non-cash mode; the employee should obtain an employer's certificate confirming deduction of the amount for medical insurance purposes.
Manuals Income Tax
Show AI Summary
Deduction under section 80D requires payment from taxable income; payments from exempt income or loans disqualify.
Deduction under section 80D is available only where the payment is made out of income chargeable to tax; payments from tax-exempt income or from borrowed funds do not qualify for the deduction.
Manuals Income Tax
Show AI Summary
Medical insurance deduction under 80D varies by parental senior citizen status, affecting combined family and parental premium allowances.
Deduction under 80D allows an individual who pays medical insurance premiums other than in cash to claim a deduction for premiums for the assessee, spouse and dependent children as one component and for parental premiums as a separate component; the total allowable deduction depends on whether any parent is a senior citizen, with a higher combined deduction if a parent is a senior citizen.
Manuals Income Tax
Show AI Summary
Deduction under section 80D: contributors who pay health insurance premiums non cash may claim proportional deductions
Contributors who partly pay health insurance premiums may each claim a deduction equal to the amount they actually paid, provided each share is paid directly to the insurer and by a mode other than cash; in such cases each payer may claim the deduction against their respective taxable income.
Manuals Income Tax
Show AI Summary
Deduction under 80CCG limited by eligible investment percentage and income threshold, with recapture on scheme violation.
Deduction under the Rajiv Gandhi Equity Savings Scheme is computed as a percentage of eligible investments in listed equity shares and equity oriented fund units but is restricted by a monetary ceiling; sale of previously qualifying units can breach scheme conditions and cause partial recapture as taxable income; exceeding the prescribed gross total income threshold disqualifies the taxpayer from claiming the deduction for that year.
Manuals Income Tax
Show AI Summary
Deduction under section 80CCE limits combined 80C and 80CCC claims for contributions to savings instruments.
Contributions to Public Provident Fund and an annuity policy eligible under Section 80CCC are deductible but subject to the aggregate ceiling under Section 80CCE; when combined eligible deductions across Sections 80C and 80CCC exceed the statutory limit, the deductible amount is restricted to that ceiling and any excess is disallowed.
Manuals Income Tax
Show AI Summary
Aggregate deduction under section 80CCE limits combined 80C and 80CCC contributions to the statutory overall ceiling.
Contributions to a public provident fund and annuity policy premiums are aggregated and the deductible amount is the lesser of the combined eligible contributions and the statutory aggregate ceiling; when the combined total exceeds that ceiling, the deduction is restricted to the statutory limit.
Manuals Income Tax
Show AI Summary
Deduction under 80C: eligible life insurance premiums allowed up to policy ceilings; excess disallowed; one policy's maturity taxable.
Deduction under Section 80C allows life insurance premiums up to policy wise ceilings based on a percentage of the sum assured. Policy A (sum assured 200,000) with a ceiling of 20% permits the full 25,000 premium as deductible; Policy B (sum assured 100,000) with a ceiling of 10% permits only 10,000 of the 12,000 premium as deductible. The total deduction equals the aggregate of eligible premiums, and Policy B's maturity proceeds are not exempt from tax.
Manuals Income Tax
Show AI Summary
Deduction under 80C: spouses can separately claim education-related deductions based on their individual contributions and limits.
Spouses who each make genuine payments toward a child's education may separately claim a deduction under deduction u/s 80C based on their respective contributions, with each spouse's claim limited by the statutory individual ceiling; the wife may claim her actual payment and the husband may claim up to the maximum permissible individual deduction.
Manuals Income Tax
Show AI Summary
Deduction under section 80C for adopted child's school fees permitted where the statute is silent on biological status.
Because 80C does not specify that the child must be biological, deductions for school fees paid for an adopted child are treated as permissible under the provision; the operative legal point is the statute's silence regarding the child's biological status.
Manuals Income Tax
Show AI Summary
Tuition fee deduction under 80C covers institutional tuition but excludes transport, hostel, library and private tuition charges.
Deduction under Section 80C allows tuition fee claims only for amounts paid to recognised educational institutions, including pre nursery, play school and nursery class fees; excluded are transport, hostel, mess, library and vehicle stand charges, late fees, part time and distance learning course fees, and private tuition.
Manuals Income Tax
Show AI Summary
Residence test for individuals sets presence and prior year stay thresholds determining resident status for income tax assessment.
Rule of residence for individuals for the assessment year 2015-16 uses presence-based thresholds and cumulative prior year conditions to determine resident in India status. Individuals are classified by category-those leaving for employment, visitors who are citizens or persons of Indian origin, and all other individuals-with each category subject to the single year presence test and, where applicable, an additional short term presence requirement plus multi year aggregation criteria assessing residence across preceding years.
Manuals Income Tax
Show AI Summary
Relief under Section 89(1): compare tax on receipt and accrual bases to determine relief for salary arrears and adjust current tax payable.
Relief for salary received in arrears or advance is determined by computing tax on the aggregate income on the receipt basis and comparing it with tax computed as if the income had been charged to the earlier year(s); the relief equals the difference. The example aggregates salary and arrears, applies standard and specified deductions, computes net income and tax for the years on receipt and accrual bases, and derives the relief amount which is then deducted from current year tax payable.
Manuals Income Tax
Show AI Summary
Perquisite valuation: employer sale of movable assets to employees taxed as written down value less sale consideration.
Taxable perquisite on employer sale of movable assets to employees is the difference between the employer's written down value (after applying depreciation to cost to reach the balance on the relevant date) and the sale consideration; the document demonstrates this by computing successive depreciated written down values for a car, computer and fridge and subtracting the sale prices to determine the perquisite amounts.
Manuals Income Tax
Show AI Summary
Use of movable assets perquisite taxed at prescribed annual percentage with pro rata computation for period of employer-provided use.
Use of moveable assets provided by an employer is a taxable perquisite valued by applying a prescribed annual percentage of the asset's cost, with a pro rata adjustment for the actual days of employee use within the year (annual percentage of cost x days of use/365).
Manuals Income Tax
Show AI Summary
Perquisite valuation for motor car under Rule 3(2): employer reimbursements reduced by official-use deduction, affecting taxable perquisite.
Valuation of a motor car perquisite requires deducting the official-use portion from employer reimbursements before treating the balance as a taxable perquisite; absent a log book a fixed deduction method is applied, while contemporaneous usage evidence permits apportionment of the reimbursement by the documented official-use percentage.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

whatsapp Join Channel
Showing Results for : Reset Filters

Comparison of section 356 "Appealable orders before Joint Commissioner (Appeals)." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

13 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Section 356 Appealable orders before Joint Commissioner (Appeals).

Income-tax Act, 2025

At a Glance

Clause 356 (Old Version) of the Income Tax Bill, 2025 (hereafter "Clause 356 (Old)"). It sets out appealability to the Joint Commissioner (Appeals) against certain orders of Assessing Officers below the rank of Joint Commissioner. It matters to assessees and the tax department (appeals cadre); affected parties include individual and entity taxpayers, and assessing/deductor/collector authorities where specified. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Clause 356 (Old) is placed in Chapter XVIII (APPEALS, REVISIONS AND ALTERNATE DISPUTE RESOLUTIONS), Part A.- Appeals, I.-Appeals to Joint Commissioner (Appeals) and Commissioner (Appeals). It addresses appealable orders before the Joint Commissioner (Appeals). Definitions: the clause includes a definition of "status" by reference to section 2(77). Other definitions or scope-limiting language: Not stated in the document beyond the text of Clause 356 itself.

Statutory Provision Mode

Text & Scope

Clause 356 (Old) provides that any assessee aggrieved by specified orders of an Assessing Officer (below the rank of Joint Commissioner) may appeal to the Joint Commissioner (Appeals). The enumerated appealable orders under sub-section (1) are:

  • (a) Intimation u/s 270(1) or 399(1) where the assessee objects to the making of adjustments;
  • (b) Order u/s 270(10) or 271 where the assessee objects to assessed income, determined tax, computed loss, or status;
  • (c) Order of assessment, reassessment or recomputation u/s 279;
  • (d) Order u/s 398;
  • (e) Order imposing penalty under Chapter XXI;
  • (f) Order u/s 287 or 288 amending any of the orders or intimations in clauses (a) to (e).

Sub-section (2) bars appeals where the impugned order is passed by or with the prior approval of an income-tax authority above the rank of Deputy Commissioner.

Sub-section (3) empowers the Board (or income-tax authority authorised by the Board) to transfer appeals between Commissioner (Appeals) and Joint Commissioner (Appeals), with the transferee continuing from the stage at which it was transferred.

Sub-section (4) mandates that where an appeal is transferred under sub-section (3), the appellant shall be given an opportunity of being reheard.

Sub-section (5) permits the Central Government to notify a scheme to dispose of appeals expeditiously "by eliminating the interface between the Joint Commissioner (Appeals) and the appellant, to the extent technologically feasible" and to direct that provisions relating to jurisdiction and procedure "shall not apply or shall apply with exceptions, modifications and adaptations."

Sub-section (6) allows the Board to specify that any provisions of this section shall not apply to any case or class of cases.

Sub-section (7) defines "status" by reference to section 2(77).

Interpretation

The text prioritises a statutory right of appeal for assessees from subordinate assessing officers' orders to the Joint Commissioner (Appeals) within specified categories. The presence of transfer powers (sub-section (3)) and rehearing requirement (sub-section (4)) suggests legislative intent to permit administrative flexibility while preserving procedural fairness. The scheme power in sub-section (5) reflects an intent to modernise and streamline appeal disposal (including technological interface reduction), and to permit modifications of jurisdictional/procedural rules to achieve that aim. Beyond these textual indicators, legislative purpose or debates are Not stated in the document.

Exceptions/Provisos

Key exceptions included within the clause:

  • Sub-section (2): No appeal to Joint Commissioner (Appeals) if the order was passed by or with prior approval of an authority above Deputy Commissioner.
  • Sub-section (5): Central Government may supersede certain procedural/jurisdictional provisions via notified scheme.
  • Sub-section (6): Board may carve out cases or classes of cases to which the section will not apply.

Illustrations

  • Example 1: A taxpayer objects to an adjusting entry in an intimation u/s 270(1) - under Clause 356 (Old) they may appeal to the Joint Commissioner (Appeals). (Illustrative facts not detailed in the document.)
  • Example 2: A taxpayer dissatisfied with a reassessment order u/s 279 - appealable to the Joint Commissioner (Appeals). (Not stated in the document whether time limits or form are prescribed.)

Interplay

Clause 356 (Old) cross-refers to multiple other provisions (sections 270(1), 399(1), 270(10), 271, 279, 287, 288, 398, Chapter XXI penalties, and section 2(77)). It creates transferability with Commissioner (Appeals) and contemplates a Central Government scheme that may alter application of other provisions of the Act relating to jurisdiction and procedure. Specific Rules/Notifications/Circulars that interpret or implement these powers are Not stated in the document.

Differences between Clause 356 (Old) and Section 356 (Act)

Summary of textual differences and their practical impact (based strictly on the two provided texts):

  • Who may appeal: Clause 356 (Old) uses the phrase "Any assessee, aggrieved by ..." (Document 2). Section 356 (Act) expands the class to "Any assessee or any deductor or any collector, aggrieved by ..." (Document 1).
    • Practical impact: the Act expressly allows deductors and collectors to appeal; the Bill's older text limited appeals explicitly to assessees only. This expansion in the Act broadens standing to appeal to include persons who operate as deductors/collectors, increasing potential appellants and workload for the appellate authority.
  • Clause (a) - nature of objection: Clause 356 (Old) states "where the assessee objects to the making of adjustments"; Section 356 (Act) states "where the assessee or deductor or collector objects to the adjustments made therein."
    • Practical impact: the Act clarifies and modernises language, aligning with inclusion of deductors/collectors and framing objection to adjustments already made ("adjustments made therein") rather than merely "making of adjustments," which may narrow ambiguity about timing/context of objection.
  • Sub-section (1) opening phrase and inclusivity of clauses: Clause 356 (Old) lists only "Any assessee, aggrieved..." and the clause (f) refers to "any of the orders or intimations in clauses (a) to (e)." Section 356 (Act) mirrors the structure but, because it includes deductor/collector, clause (f) references clauses (a) to (e) similarly.
    • Practical impact: principally the same technical catch-all for amendments to orders; effect depends on expanded class of appellants in the Act.
  • Sub-section (3)(a) drafting order and punctuation: Clause 356 (Old) text reads that Board may transfer "any appeal filed against an order referred to in sub-section (1) and any matter arising out of or connected with such appeal, which is pending before the Commissioner (Appeals), to the Joint Commissioner (Appeals);" Section 356 (Act) reverses subordinate phrase order: "any appeal filed against an order referred to in sub-section (1), which is pending before the Commissioner (Appeals), and any matter arising out of or connected with such appeal and which is so pending, to the Joint Commissioner (Appeals);"
    • Practical impact: mostly drafting clarity; Section 356 (Act) is marginally clearer about pendency and connected matters, reducing potential ambiguity over what may be transferred.
  • Definition of "status": Clause 356 (Old) states "In this section, 'status' means the category of person as defined in section 2(77) ..." while Section 356 (Act) states "For the purposes of this section and section 357, 'status' means the category of person as defined in section 2(77) ..."
    • Practical impact: the Act expressly links the meaning to section 357 as well; this ties interpretive clarity across adjacent provisions and may affect cross-reference interpretation.

Practical Implications

  • Compliance and risk areas: The clause delineates which subordinate assessing officer orders are appealable; practitioners must map disputes to the listed heads (intimations/assessment/reassessment/penalties/amendments). The allowance for transfers and scheme-based alterations means uncertainty may arise as to which forum will hear the appeal; clients should monitor Board notifications and Central Government schemes. Time limits, forms, or procedural requirements are Not stated in the document.
  • Record-keeping/evidence points: Given the appealability of adjustments and amended orders, maintaining clear audit trails for adjustments in intimations (section 270(1)/399(1)), reasons for reassessment, and any correspondence authorising amendments u/ss 287/288 will be important. The document itself does not prescribe specific records.

Key Takeaways

  • Clause 356 (Old) grants a statutory right of appeal to the Joint Commissioner (Appeals) for assessees against specified orders of Assessing Officers below Joint Commissioner rank.
  • The provision enumerates specific appealable orders: intimations involving adjustments, orders under specified assessment and penalty sections, and amendments u/ss 287/288.
  • Appeals are barred where the impugned order was passed by or with prior approval of an authority above Deputy Commissioner.
  • The Board/Central Government are empowered to transfer appeals between appellate authorities and to notify schemes that may alter procedural and jurisdictional rules, including technological interface elimination.
  • The clause defines "status" by reference to section 2(77), but other interpretive aids, time-limits, forms, and procedural details are Not stated in the document.

Full Text:

Section 356 Appealable orders before Joint Commissioner (Appeals).

Topics

Acts Income Tax