Sections 265, 266 and 267 of Income Tax Act 1961
Sections 265 to 267 form part of Chapter XX dealing with appeals and revision. They address payment of tax while specified higher-court proceedings are pending, execution of Supreme Court cost orders, and consequential amendment of assessments following an appeal.
Section 265 - Tax to be paid notwithstanding reference, etc.
Meaning: Section 265 provides that making a reference to the High Court or Supreme Court, or preferring an appeal to the Supreme Court, does not by itself displace the tax payable under the assessment.
Accordingly, the provision states the continuing effect of the assessment for payment of tax despite the specified reference or appeal.
Section 266 - Execution for costs awarded by Supreme Court
Meaning: Section 266 provides the mechanism for execution of an order relating to costs awarded by the Supreme Court in an income-tax matter.
Section 267 - Amendment of assessment on appeal
Meaning: Section 267 deals with consequential changes to the assessment of members of a body of individuals or association of persons where the assessment of that body or association changes, or a new assessment is ordered, as a result of an appeal.
The reference to Joint Commissioner (Appeals) reflects the amendment inserted with effect from 1 April 2023. Section 267 therefore links the appellate result concerning the body or association with necessary consequential assessment action concerning its members.
Related provisions referred to in Section 267
Section 246 concerns specified appealable orders before the Joint Commissioner (Appeals). Section 246A identifies specified appealable orders before the Commissioner (Appeals). Section 253 governs appeals to the Appellate Tribunal. These provisions determine the appellate routes whose outcome may trigger Section 267.
Official reference
For authoritative statutory text and amendments, refer to the Income Tax Department - Income-tax Act.
