IT Act 246AChapter XX · Appeals And Revision

Section 246A · [ Appealable orders before Commissioner (Appeals). [Inserted by Act 21 of 1998, Section 49 (w.e.f. 1.10.1998).]

(1)

Any assessee aggrieved by any of the following orders (whether made before or after the appointed day) may appeal to the Commissioner (Appeals) against-

(a)

[an order passed by a Joint Commissioner under clause (ii) of sub-section (3) of section 115-VP or an order against the assessee] where the assessee denies his liability to be assessed under this Act or an intimation under sub-section (1) or sub-section (1-B) of section 143, where the assessee objects to the making of adjustments, or any order of assessment [under sub-section (3) of section 143 except an order passed in pursuance of directions of the Dispute Resolution Panel] [ Substituted by Act 33 of 2009, Section 72(i), for " under sub-Section (3) of section 143" (w.e.f. 1.10.2009).] or section 144, to the 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;

(aa)[ an order of assessment under sub-section (3) of section 115-WE or section 115-WF, where the assessee, being an employer objects to the value of fringe benefits assessed; [ Inserted by Act 18 of 2005, Section 57 (w.e.f. 1.4.2006).]

(ab)an order of assessment or reassessment under section 115-WG;]

(b)

an order of assessment, re-assessment or re-computation under section 147 [except an order passed in pursuance of directions of the Dispute Resolution Panel] [ Inserted by Act 33 of 2009, Section 72 (w.e.f. 1.10.2009).] or section 150;

(ba)[ an order of assessment or reassessment under section 153-A;] [ Inserted by Act 32 of 2003, Section 93 (w.e.f. 1.6.2003).]

(c)

an order made 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 made under sub-section (2) or sub-section (3) of section 170;

(f)

an order made under section 171;

(g)

an order made under clause (b) of sub-section (1) or under sub-section (2) or sub-section (3) or sub-section (5) of section 185 in respect of an 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 in respect of any assessment for the assessment year commencing on or before the 1st day of April, 1992 or any earlier assessment year;

(ha)[ an order made under section 201;] [ Inserted by Act 10 of 2000, Section 66 (w.e.f. 1.6.2000).]

(hb)[ an order made under sub-section (6-A) of section 206-C;] [ Inserted by Act 22 of 2007, Section 71 (w.e.f. 1.6.2007).]

(i)

an order made under section 237;

(ia)an order made under section 239A;

(j)

an order imposing a penalty under-

(A)section 221; or

(B)section 271, section 271-A, [271-AAA,] [Inserted by Act 22 of 2007, Section 71 (w.e.f. 1.6.2007).] [section 271-F, section 271-FB] [ Substituted by Act 18 of 2005, Section 57, for " section 271-F" (w.e.f. 1.4.2006).], section 272-AA or section 272-BB;

(C)section 272, section 272-B or section 273, as they stood immediately before the 1st day of April, 1989, in respect of an assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment years;

(ja)[ an order of imposing or enhancing penalty under sub-section (1-A) of section 275;] [ Inserted by Act 29 of 2006, Section 17 (w.e.f. 13.7.2006).]

(k)

an order of assessment made by an Assessing Officer under clause (c) of section 158-BC, in respect of search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132-A on or after the 1st day of January, 1997;

(l)

an order imposing a penalty under sub-section (2) of section 158-BFA;

(m)

an order imposing a penalty under section 271-B or section 271-BB;

(n)

an order made by a Deputy Commissioner imposing a penalty under section [271C. section 271-CA] [ Substituted by Act 21 of 2006, Section 51, for " section 271-C" (w.e.f. 1.4.2007).], section 271-D or section 271-E;

(o)

an order made by a Deputy Commissioner or a Deputy Director imposing a penalty under section 272-A;

(p)

an order made by a Deputy Commissioner imposing a penalty under section 272-AA;

(q)

an order imposing a penalty under Chapter XXI;

(r)

an order made by an Assessing Officer other than a Deputy Commissioner under the provisions of this Act in the case of such person or class of persons, as the Board may, having regard to the nature of the cases, the complexities involved and other relevant considerations, direct.

Explanation. - For the purposes of this sub-section, where on or after the 1st day of October, 1998, the post of Deputy Commissioner has been redesignated as Joint Commissioner and the post of Deputy Director has been redesignated as Joint Director, the references in this sub-section for "Deputy Commissioner" and "Deputy Director" shall be substituted by "Joint Commissioner" and "Joint Director" respectively.[(1-A) Every appeal filed by an assessee in default against an order under section 201 on or after the 1st day of October, 1998 but before the 1st day of June, 2000 shall be deemed to have been filed under this section.] [ Inserted by Act 10 of 2000, Section 66 (w.e.f. 1.6.2000).][(1-B) Every appeal filed by an assessee in default against an order under sub-section (6-A) of section 206-C on or after the 1st day of April, 2007 but before the 1st day of June, 2007 shall be deemed to have been filed under this section.] [ Inserted by Act 22 of 2007, Section 71 (w.e.f. 1.6.2007).]

(2)

Notwithstanding anything contained in sub-section (1) of section 246, every appeal under this Act which is pending immediately before the appointed day, before the Deputy Commissioner (Appeals) and any matter arising out of or connected with such appeals and which is so pending shall stand transferred on that date 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:Provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceeding or any part thereof be reopened or that he be re-heard.Explanation. - For the purposes of this section, "appointed day" means the day appointed by the Central Government by notification in the Official Gazette.

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