Skip to content

CMA Final · Direct Tax Laws and International Taxation · Different Aspects of Tax Planning

Under section 241(5)(b) of the Income-tax Act, 2025, the Board empowers a specified authority to order that an Assessing Officer's powers in a defined area be exercised by a Joint Commissioner. What follows for provisions of the Act requiring approval or sanction of the Joint Commissioner?

References to the Assessing Officer are read as references to the Joint Commissioner or other officer exercising the powers, and any provision requiring Joint Commissioner approval or sanction does not apply. The approval requirement is not replaced by another authority's approval.

  1. AThey do not apply, and references to the Assessing Officer are read as references to the Joint CommissionerCorrect
  2. BThey continue to apply, so the Joint Commissioner must obtain his own approval
  3. CThey apply only to cases involving non-residents
  4. DThey are replaced by a requirement of approval from the Principal Commissioner

Explanation

Under section 241(6), when an order is made under sub-section (5)(b), references to the Assessing Officer are read as references to the officer exercising the powers, and any provision requiring Joint Commissioner approval or sanction does not apply. The approval requirement would otherwise be circular. The section does not substitute another approving authority.

Did you get it right without looking?

One question tells you little. A timed set on Different Aspects of Tax Planning shows your real accuracy, how long you take and where you lose marks.

Practise Different Aspects of Tax PlanningFree diagnostic mock

More Different Aspects of Tax Planning questions