Section 246 and Section 246A of Income Tax Act, 1961: Appealable Orders

Sections 246 and 246A form part of Chapter XX of the Income Tax Act, 1961, dealing with appeals and revision. This article explains which income-tax orders may be appealed and distinguishes appeals before the Joint Commissioner (Appeals) from appeals before the Commissioner (Appeals).

Law covered: This page follows the Income Tax Act, 1961 position applicable before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. The Bharatiya Sakshya Adhiniyam concerns the law of evidence and does not itself determine the appellate forum under Sections 246 and 246A.

Meaning of an appealable order

Appealable order: An order for which the Income Tax Act expressly provides a statutory right of appeal to the specified appellate authority. A taxpayer cannot assume that every administrative communication is independently appealable; the order and the applicable statutory provision should be identified first.

The expression covers specified assessment, reassessment, intimation, rectification, tax-deduction or tax-collection and penalty orders. The correct appellate forum depends on the provision under which the impugned order was passed and, for Section 246, the rank of the Assessing Officer.

Section 246 - Appealable orders before Joint Commissioner (Appeals)

Section 246 provides a first appellate remedy before the Joint Commissioner (Appeals) for an assessee aggrieved by specified orders of an Assessing Officer below the rank of Joint Commissioner, subject to the statutory allocation and exclusions.

In substance, the provision covers specified categories including:

The provision also enables the prescribed authority to transfer specified appeals between the Joint Commissioner (Appeals) and Commissioner (Appeals) in accordance with the Act. The exact statutory text and applicable notifications should be checked for the relevant assessment year and order.

Section 246A - Appealable orders before Commissioner (Appeals)

Section 246A specifies orders against which an assessee, deductor or collector, as applicable, may appeal to the Commissioner (Appeals). It remains the principal provision identifying a broad range of appealable orders before that authority.

Important categories include, subject to the precise statutory conditions:

Key provisions referred to on this page

ProvisionGeneral subject
Section 143(1)Processing of return and statutory intimation, including permitted adjustments.
Section 143(3)Scrutiny assessment after the statutory assessment procedure.
Section 144Best-judgment assessment in circumstances specified by the Act.
Section 147Assessment or reassessment of income in accordance with the reassessment framework.
Section 154Rectification of a mistake apparent from the record.
Section 201Consequences relating to failure to deduct tax or pay tax deducted, subject to the provision.
Section 246Specified appealable orders before Joint Commissioner (Appeals).
Section 246ASpecified appealable orders before Commissioner (Appeals).

Section 246 and Section 246A: practical distinction

Section 246, in the post-2023 appellate structure relevant to the period covered by this page, provides for specified appeals before the Joint Commissioner (Appeals). Section 246A identifies the statutory classes of orders appealable before the Commissioner (Appeals). The forum should therefore be determined from the exact order, the authority that passed it, the applicable assessment year and the allocation rules in force.

Filing an appeal

An appeal to the first appellate authority is generally filed in the prescribed form and manner. The appellant should identify the impugned order, state concise grounds of appeal, comply with the applicable limitation period and satisfy statutory requirements concerning admitted tax or other preconditions where applicable.

For related provisions on limitation and appellate procedure, see Sections 248, 249 and 250 of the Income Tax Act.

Official references

For the authoritative statutory position and later amendments, verify the relevant year of the Income Tax Act on the Income Tax Department - Income Tax Act portal and the applicable Finance Act. Tax provisions can change by amendment, commencement date, notification and assessment year.

Important: This article is a structured explanation of the statutory provisions and is not a substitute for checking the text applicable to the relevant assessment year, order date and appellate forum.