The Central Board of Direct Taxes (CBDT) has amended Income Tax Rules 46 & 46A along with Form 35, vide Notification 32/2023, to align with the provisions of the Income Tax Act, 1961, as amended by the Finance Act, 2023. One of the notable changes introduced through this notification is the establishment of a new Income-tax Authority known as Joint Commissioner (Appeals), i.e. JCIT(A). Additionally, the notification introduces an amendment to facilitate the filing of appeals before the JCIT(A).
CBDT Income Tax Notification 32/2023 dated 29/05/2023: IT Rules 46/46A, Form 35 Amended; Appeal before JCIT Enabled
Establishment of Joint Commissioner (Appeals)
CBDT has amended the Income-tax Rules, 1962 to incorporate the provision for the establishment of a new Income-tax Authority known as Joint Commissioner (Appeals). This amendment aims to enhance the efficiency of the appeals process and provide taxpayers with a dedicated platform to present their cases before a higher authority.
Amendments to Rule 46 and Rule 46A
To accommodate the establishment of the JCIT(A), the CBDT notification introduces amendments to the existing Rule 46 and Rule 46A under the Income-tax Rules, 1962. These amendments provide the framework for the filing of appeals before the JCIT(A) and outline the necessary procedures and forms to be followed.
Filing Appeals before JCIT(A)
The amended Rule 46 and Rule 46A now enable taxpayers to file appeals before the Joint Commissioner (Appeals) using FORM 35. This form serves as the official document for initiating the appeal process and should be submitted to the designated authority within the prescribed time limit. By introducing this provision, the CBDT aims to streamline the appeals process and ensure a more effective resolution of disputes.
Conclusion
The CBDT has introduced crucial amendments to Rules 46 & 46A, including establishment of the Joint Commissioner (Appeals) to provide taxpayers with an improved appeals mechanism. These changes strive to enhance the efficiency, transparency and effectiveness of the income tax appeals process. It is essential for taxpayers to familiarize themselves with these amendments and comply with the prescribed procedures while filing appeals before the JCIT(A).
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