CBDT | Order specifying collegium - Explanation to Sec 158AB



Quick Summary
The Central Board of Direct Taxes (CBDT) has issued an order establishing a Collegium to decide on the deferment of appeals before the Appellate Tribunal or High Court. This Collegium will be comprised of three Principal Commissioners or Commissioners of Income-tax, with specific roles assigned based on the type of appeal. The order, effective immediately, aims to streamline the process for assessing officers seeking to defer appeals under Section 158AB of the Income-tax Act, 1961.

F.No.370133/13/2022-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(TPL Division)
New Delhi, dated 28th September, 2022

ORDER

Sub: Order specifying the Collegium - Explanation to section 158AB of the Income-tax Act, 1961 - reg

In exercise of powers conferred under the Explanation to section 158AB ofthe Income-tax Act, 1961 (the Act), the Central Board of Direct Taxes (read as 'Board') hereby specifies that for the purpose of deciding deferment of appeals before the Appellate Tribunal or the jurisdictional High Court by the Assessing Officer under section 158AB of the Act, a Collegium shall be constituted as under:-

CBDT Order: Collegium for Appeal Deferment Under Sec 158AB

(i)

SI.No. Appeals in Jurisdiction Collegium to be Constituted By
1. International tax & Transfer Pricing Pr. Chief Commissioner of Income-tax
(International tax and Transfer Pricing)
2. Exemption Charge Pr. Chief Commissioner of Income-tax
(Exemptions)
3. Central Charges Chief Commissioner of Income-tax (Central) or DGIT(Inv) - [Jurisdictional]
4, All other cases Pr. Chief Commissioner of Income-tax (CCA) -
[Jurisdictional]

(ii) The Collegium shall comprise of three members who are officers of the rank of Principal Commissioner of Income-tax (PCIT) or Commissioner of Income-tax (CIT);

(iii) The members shall be:-

a. the PC IT or CIT having jurisdiction over the case in which defennent of appeal is to be decided under section 158AB(I); and
b. two other officers of the rank of PC IT or CIT nominated by respective Pr.CCIT/CCITIDGIT mentioned in the table in (i) above;

(iv) The Collegium may co-opt one officer of the rank of PC IT or CIT ifit so decides;
(v) The seniormost member of the Collegium shall act as the Chairperson of the Collegium.

2. This order comes into effect from the date of its issue.

3. Hindi version shall foll ow.

(P. Amrutha varshini)
DCIT (OSD) (TPL-IV) 

FAQ :

The order specifies the constitution of a Collegium to decide on the deferment of appeals by Assessing Officers under Section 158AB of the Income-tax Act, 1961.

The Collegium will comprise three officers of the rank of Principal Commissioner of Income-tax (PCIT) or Commissioner of Income-tax (CIT).

One member will be the PCIT or CIT with jurisdiction over the case. Two other PCITs or CITs will be nominated by the respective Pr. Chief Commissioners or Chief Commissioners/DGIT(Inv) based on the appeal's jurisdiction.

Yes, the Collegium may co-opt one additional officer of the rank of PCIT or CIT if it decides to do so.

The seniormost member of the Collegium will act as its Chairperson.

The order comes into effect from the date of its issue, which is 28th September 2022.




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