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
    Act Rules Income Tax
    Comparison of Section 21 "Determination of annual value" between the Income-Tax Act, 2025 (as passed...
    Act Rules Income Tax
    Comparison of Section 19 "Deductions from salaries" between the Income-Tax Act, 2025 (as passed) and...
    Act Rules Income Tax
    Comparison of Section 17 "Perquisite" between the Income-Tax Act, 2025 (as passed) and the Income-Ta...
    Act Rules Income Tax
    Comparison of Section 11 "Incomes not included in total income" between the Income-Tax Act, 2025 (as...
    Act Rules Income Tax
    Comparison of Section 9 "Income deemed to accrue or arise in India" between the Income-Tax Act, 2025...
    Act Rules Income Tax
    Comparison of Section 8 "Income on receipt of capital asset or stock-in-trade by specified person" b...
    Act Rules Income Tax
    Comparison of Section 6 "Residence in India" between the Income-Tax Act, 2025 (as passed) and the In...
    Act Rules Income Tax
    Comparison of Section 5 "Scope of total income" between the Income-Tax Act, 2025 (as passed) and the...
    Act Rules Income Tax
    Comparison of Section 4 “BASIS OF CHARGE” between the Income‑Tax Act, 2025 (as passe...
    Act Rules Income Tax
    Comparison of Section 2(105) "Stamp duty value" between the Income‑Tax Act, 2025 (as pas...
    Act Rules Income Tax
    Comparison of Section 2(101) "short-term capital asset" between the Income‑Tax Act, 2025...
    Act Rules Income Tax
    Comparison of Section 2(29) "Company in which the public are substantially interested" between...
    Act Rules Income Tax
    Comparison of Section 2(28) "Company" between the Income-Tax Act, 2025 (as passed) and the Income-Ta...
    Act Rules Income Tax
    Comparison of Section 2(22) "Capital Assets" between the Income-Tax Act, 2025 (as passed) and the In...
    Case Laws Income Tax
    Remuneration and interest received by an individual partner from a partnership firm can be subjected...
    Case Laws Income Tax
    Judicial Recall and Tax Implications in Trust Settlements: Using AI-generated citations without prop...
    Case Laws Income Tax
    Corporate Mergers and Tax Assessment: Navigating Legal Entity Changes and rectification u/s 292B
    Case Laws Income Tax
    Reconciling Procedural Timelines with Limitation Periods in Income Tax Reassessments
    Case Laws Income Tax
    Condoning Delay in Filing Income Tax Return: A Case for Equitable Consideration
    Case Laws Income Tax
    Disallowance u/s 14A: Navigating the Interplay of Exempt Income and Expenditure
❮
❯
❯❯
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
Act Rules Income Tax
Show AI Summary
Determination of annual value: higher of expected or actual rent, with narrowed vacancy test and specific exemptions.
Annual value is the higher of expected rent or actual rent received/receivable where let; the enacted text narrows vacancy relief by requiring that vacancy-related reduction make actual rent lower than the notional expected rent before annual value is fixed at actual receipts. Local taxes actually paid reduce annual value, unrealised rent is excluded subject to rules, stock-in-trade newly completed and not let enjoys two years nil annual value upon completion certificate, and owner-occupation yields nil annual value for up to two specified houses unless let or other benefits are derived.
Act Rules Income Tax
Show AI Summary
Deductions from salaries: defined categories, formulaic computation and aggregation limits govern tax relief eligibility.
Section 19 itemises fourteen categories of salary related receipts that are deductible or exempt and prescribes formulas, ceilings and conditions for each. Relief for gratuity, leave encashment, pension commutation, retrenchment and voluntary retirement is computed by statutory formulas or by reference to notified limits and other enactments; an aggregation rule limits cumulative exemption where multiple receipts occur. The provision depends on cross references to other statutes and notifications, requiring classification, documentary evidence and tracing of prior exemptions to determine allowable deductions.
Act Rules Income Tax
Show AI Summary
Perquisite taxation: employer-provided benefits and securities treated as taxable salary components, with limited exclusions and prescribed valuation.
Section 17 defines perquisite for salary taxation by listing employer-provided benefits treated as perquisites-including accommodation, employer-paid obligations, securities and sweat equity allotted or transferred at concessional rates, employer-paid insurance premiums and excess retirement contributions-while excluding certain employer-funded medical treatment, approved insurance arrangements, commuting vehicle expenditure and conditional foreign medical/travel payments; valuation methods and thresholds are delegated to subordinate rules and cross-references link perquisite treatment to existing constructs for gross total income and approved fund schemes.
Act Rules Income Tax
Show AI Summary
Conditional exclusion from total income: schedule-based incomes and persons excluded if conditions met; otherwise included in tax base.
A conditional exclusion regime provides that incomes in Schedules II-VI and persons in Schedule VII are excluded from total income only if schedule conditions are satisfied; failure to satisfy conditions results in inclusion of such income in total income and taxation for the relevant tax year, and the Central Government is empowered to make rules or notifications to operationalise those schedules.
Act Rules Income Tax
Show AI Summary
Significant economic presence expands source taxation, bringing digital interactions and remote services within the domestic tax net.
Section 9 sets an expansive source taxation rule deeming income to accrue or arise domestically where linked to domestic assets, a business connection (including agents), transfers of capital assets situated domestically, salary earned or payable for services linked to domestic performance, dividends of domestic companies, interest subject to exceptions (including separate taxation of interest of an Indian permanent establishment of a foreign bank), and royalty and technical fees; it introduces significant economic presence tests for digital/user-based connections and leaves key thresholds and valuation mechanics to subordinate rules.
Act Rules Income Tax
Show AI Summary
Deemed transfer of distributed assets treated as taxable at entity level; fair market value sets consideration and guidelines now open-ended.
Section 8 treats receipt by a partner or member of capital assets or stock-in-trade from a non-company specified entity on dissolution or reconstitution as a deemed transfer by the entity, with profits or gains taxed at the entity level and the full value of consideration deemed to be the fair market value on the date of receipt; the Board may issue guidelines with prior Central Government approval and parliamentary laying, and the enacted text removes the Bill's two-year sunset on that guideline-making power.
Act Rules Income Tax
Show AI Summary
Residence in India: income-linked deeming now captures high-income returning citizens visiting short-term, and POEM defines company residence.
Section 6 prescribes residence tests combining day-count rules (182-day and 60/365 tests), categorical exceptions for ship crew and visiting citizens/PIOs, an income-linked modification that extends the shorter day-count threshold for higher-income returning citizens, a deeming rule capturing citizens not taxable elsewhere, company residence via Indian status or Place of Effective Management, and a deeming provision that applies residence across all income sources; As Passed drafting clarifies interplay between the visiting exception and income-based modification and contains minor typographical refinements.
Act Rules Income Tax
Show AI Summary
Scope of total income: residents taxed broadly with limited foreign income inclusion for not ordinarily resident persons.
Section 5 sets the scope of total income by applying receipt and accrual tests: residents are taxed on income received or deemed received in India, income accruing or arising or deemed to accrue or arise in India, and foreign income only in limited cases for a person who is not ordinarily resident (foreign income included when derived from a business controlled in India or a profession set up in India). Non residents are taxed on income received or deemed received in India and income accruing or arising or deemed to accrue or arise in India. The section also prevents balance sheet inclusion from constituting receipt and bars double inclusion on accrual and receipt bases.
Act Rules Income Tax
Show AI Summary
Charge of income-tax: linkage to central rates and application to total income, with withholding and advance payment obligations.
Section 4 links the charge of income-tax to rates enacted by a Central Act, charges income-tax on the total income of the tax year of every person (while allowing charging for other specified periods), includes any additional income-tax by whatever name, and requires deduction/collection at source and advance payment for income chargeable under the section.
Act Rules Income Tax
Show AI Summary
Stamp duty value treated as a notional benchmark for tax valuations, overriding conflicting valuation laws for tax purposes.
Section 2(105) defines stamp duty value as the value adopted, assessed or assessable by a Central or State authority for stamp duty on immovable property, where "assessable" is expressly a notional value the authority would have adopted if referred the matter, and that definition applies irrespective of anything to the contrary in any other law in force.
Act Rules Income Tax
Show AI Summary
Holding-period tiers determine capital gain classification with a shorter threshold for listed securities and specific fund units.
Definition of short-term capital asset establishes a two-tier holding-period regime for capital gains classification, retaining a general holding-period test and a shorter test for listed securities, units of the Unit Trust of India, units of equity-oriented funds and zero-coupon bonds; detailed rules determine inclusion, exclusion and commencement of holding periods on liquidation, corporate reorganisations, conversions, allotments, renunciations, free allotments and GDR redemptions, with certain technical matters deferred to prescribed rules.
Act Rules Income Tax
Show AI Summary
Definition of company in which the public are substantially interested: drafting variance may create conjunctive interpretation risk affecting tax classification.
Clause 2 supplies a comprehensive glossary for the Income-tax Act, 2025, defining terms such as company, capital asset, income and virtual digital asset, often with cross-references, provisos and delegated prescriptions; clause 2(29)'s categories for a company in which the public are substantially interested are materially consistent between Bill and Act, but the Bill's connector wording risked a conjunctive reading of alternative tests that the Act's later disjunctive phrasing rectifies, creating interpretive consequences for tax classification and related compliance.
Act Rules Income Tax
Show AI Summary
Definition of company clarified; temporal qualification in transitional limb may narrow which historic entities remain within tax scope.
Section 2 supplies statutory definitions that determine tax coverage. The definition of company comprises Indian companies, foreign bodies corporate, entities assessable as companies under the repealed Act, and Board declared entities. The Bill adds a temporal qualification limiting entities assessed under the prior Act to particular assessment years; the Act text omits this qualification. Scattered drafting and cross reference differences exist. Operational consequences hinge on threshold facts (shareholding, listing, assessment history, population/distance tests) and on unstated transitional provisions.
Act Rules Income Tax
Show AI Summary
Capital asset definition updated to include IFSC-regulated funds and broaden unit-linked policies, affecting capital gains treatment.
The Act retains an inclusive definition of capital asset with exceptions for stock-in-trade, specified personal effects and certain agricultural land, while refining the securities limb to expressly include securities held by FIIs and investment funds regulated under SEBI or IFSC regimes and removing a temporal issuance-date qualifier for unit-linked insurance policies, thereby broadening the category of policies treated as capital assets; numerous drafting and cross-reference clarifications aim to reduce interpretive uncertainty.
Case Laws Income Tax
Show AI Summary
Presumptive taxation: partner remuneration and interest cannot be treated as individual business turnover for presumptive tax purposes.
Section 44AD applies only where the assessee carries on an eligible business and has actual turnover or gross receipts attributable to that assessee. Remuneration and interest paid by a partnership firm to a partner arise from the firm's accounts and partnership agreement; although Section 28(v) taxes such receipts in the hands of the partner, that deeming does not convert them into the partner's turnover or gross receipts for Section 44AD. Section 40(b) governs firm deductibility but does not create an independent business activity in the partner; hence such receipts cannot be subjected to Section 44AD presumptive taxation.
Case Laws Income Tax
Show AI Summary
Trust settlement taxation: broadened construction of shares and securities may capture partnership interests, prompting citation verification.
The tribunal examined whether a trust permitting benefits beyond relatives falls within Section 56(2)(x), construed "shares and securities" to broaden taxable scope, and treated partnership interests as property under the provision. The earlier order was recalled after reliance on non-existent citations, highlighting the need for rigorous verification of precedents and research safeguards in trust taxation matters.
Case Laws Income Tax
Show AI Summary
Rectification of assessment orders cannot cure jurisdictional errors where orders name non-existent entities after mergers.
An assessment order issued in the name of a non-existent entity after a disclosed corporate amalgamation was held to be a fundamental, jurisdictional error not correctable under Section 154 or Section 292B; prior disclosure of the merger and absence of misleading conduct distinguished the case from precedents permitting clerical correction.
Case Laws Income Tax
Show AI Summary
Limitation periods: reassessment procedures must be completed within the overarching statutory period, else notices are time-barred.
The decision construes the interaction between procedural timelines for reassessment and the overarching limitation period, treating the mandatory pre-notice procedure requiring provision of material and an opportunity to respond as part of the reassessment process that must be completed within the ultimate limitation period; if the authority does not complete both the procedural order and issue the reassessment notice within the residual time remaining after statutory exclusions and extensions, the notice is time-barred.
Case Laws Income Tax
Show AI Summary
Condonation of delay: equitable consideration where bona fide technical failures and professional disruptions impede tax filing.
Condonation of short delays in filing income tax returns must be governed by principles of equity and fairness, with bona fide explanations such as portal technical failures and unforeseeable disruptions at a chartered accountant's premises meriting empathetic, case sensitive assessment rather than mechanical rejection. Where assessees rely on professional intermediaries, corroborative evidence of genuine operational impediments is a relevant consideration in exercising discretionary condonation to facilitate compliance objectives.
Case Laws Income Tax
Show AI Summary
Disallowance of expenditure related to exempt income: apportionment required and actual exempt income is a prerequisite.
Disallowance of expenditure relating to exempt income requires identification and apportionment of expenses attributable to non taxable receipts; only expenditure expended to earn taxable income may be claimed. Courts interpret "in relation to" expansively and reject reliance on the spender's dominant purpose. The existence of actual exempt income is necessary to invoke the disallowance rule, and post enactment explanatory amendments that alter prior law are not retrospective.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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