The CBDT has issued Order vide F.No.370133/13/2022-TPL dated September 28, 2022, specifying the Collegium and Explanation to section 158AB of the Income-tax Act, 1961 (“the IT Act”).
In exercise of powers conferred under the Explanation to section 158AB of the 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:-
(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 deferment 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 is mentioned in the table in (i) above;
(iv) The Collegium may co-opt one officer of the rank of PC IT or CIT if it so decides;
(v) The senior most member of the Collegium shall act as the Chairperson of the Collegium.
This order comes into effect from the date of its issue.
The Order can be accessed at: https://www.incometaxindia.gov.in/news/order-28-09-2022.pdf
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