Budget 2024-25: Enhanced Powers of Commissioner (Appeals) to Address Pendency from October 2024



Quick Summary
From October 2024, the Commissioner (Appeals) will gain enhanced powers to address the significant backlog of tax appeals. This change specifically targets 'best judgement' assessment cases where taxpayers have been unresponsive to initial notices. The Commissioner (Appeals) will be able to set aside such assessments and refer them back to the Assessing Officer for a fresh assessment, with new time limits for these cases.

Powers of the Commissioner (Appeals)

The existing provisions of section 251 of the Act specify the powers of the Joint Commissioner (Appeals) or the Commissioner (Appeals). Further, sub-section (1) of the said section provides that Commissioner (Appeals) shall have, inter-alia, the following powers in disposing of an appeal:

(a) He may confirm, reduce, enhance or annul the assessment, in the case of an  appeal against an order of assessment.

(b) He may confirm, cancel, or vary to enhance or reduce, the penalty order, in  the case of an appeal against an order imposing a penalty. 

2. Further, sub-section (4) of section 250 of the Act prescribes that  Commissioner (Appeals) may seek the report from the Assessing Officer after making further inquiry, before disposing any appeal.

Budget 2024-25: New Powers for Commissioner (Appeals)

3. It has been found that in the best judgement cases, taxpayers remain non-responsive to the letters or notices issued by the Faceless Assessing Officer. 

However, they directly file the appeal to Commissioner (Appeals) against the  relevant assessment order. 

4. Considering the huge pendency of appeals and disputed tax demands at the  Commissioner (Appeals) stage, it is proposed that the cases where assessment order was passed as best judgement case under section 144 of the Act, Commissioner (Appeals) shall be empowered to set aside the assessment and refer the case back to the Assessing Officer for making a fresh assessment. Further, it is proposed to make consequential amendment in section 153(3) of the Act in order to provide the time limit for disposal of cases which are set aside by the Commissioner (Appeals).

5. This amendment will take effect from the 1st day of October, 2024. It will be applicable to appellate orders passed by the Commissioner (Appeals) on or after 01.10.2024.

[Clause 77]

FAQ :

The Commissioner (Appeals) will be empowered to set aside assessment orders made under 'best judgement' where taxpayers were unresponsive, and refer the case back to the Assessing Officer for a fresh assessment.

These enhanced powers will take effect from 1st October 2024 and will apply to appellate orders passed on or after this date.

The changes are being introduced to address the huge pendency of appeals and disputed tax demands currently at the Commissioner (Appeals) stage.

The changes will primarily affect 'best judgement' assessment cases where taxpayers have not responded to notices from the Faceless Assessing Officer but have filed an appeal.

Yes, consequential amendments are being made to Section 153(3) of the Act to provide a time limit for the disposal of cases that are set aside by the Commissioner (Appeals).




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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