Income Tax Department

Ministry of Finance, Government of India

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Section 251

Powers of the Commissioner (Appeals)

Section

Section Number

251

Chapter

CHAPTER XX - APPEALS AND REVISION

Act

Income-tax Act, 1961

Year

2001

Powers of the Commissioner (Appeals)

Powers of the Commissioner (Appeals)

Powers of the 63[* * *] 64 [Commissioner (Appeals)].

251.   (1) In disposing of an appeal, the 63[* * *] 64 [Commissioner (Appeals)] shall have the following powers—

              ( a)   in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment66 ; 67-68 [* * *];

              ( b)   in an appeal against an order imposing a penalty, he may confirm or cancel such order or vary it so as either to enhance or to reduce the penalty;

              ( c)   in any other case, he may pass such orders in the appeal as he thinks fit.

(2) The 69[* * *] 70 [Commissioner (Appeals)] shall not enhance an assessment or a penalty or reduce the amount of refund unless the appellant has had a reasonable opportunity of showing cause against such enhancement or reduction.

Explanation.—In disposing of an appeal, the 69[* * *] 70 [Commissioner (Appeals)] may consider and decide any matter arising out of the proceedings in which the order appealed against was passed, notwithstanding that such matter was not raised before the 69[* * *] 70 [Commissioner (Appeals)] by the appellant.

  

Footnotes