{"act":{"id":"finance-act-2023","short_title":"The Finance Act, 2023","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2023-2024.","act_number":"8","act_year":2023,"enact_date":null,"enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":181,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2023/"},"unit":"section","section":{"number":"106","heading":"Amendment of section 251","text":"Amendment of section 251. 106.  In section 251 of the Income-tax Act,— (i) | for the marginal heading, the following marginal heading \"Powers of the Joint Commissioner (Appeals) or the Commissioner (Appeals)\" shall be substituted; (ii) | after sub-section (1), the following sub-section shall be inserted, namely:— \"(1A) In disposing of an appeal, the Joint Commissioner (Appeals) shall have the following powers— (a) | in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment; (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.\"; (iii) | in sub-section (2), for the words and brackets \"Commissioner (Appeals)\", the words and brackets \"Joint Commissioner (Appeals) or the Commissioner (Appeals), as the case may be,\" shall be substituted; (iv) | in the Explanation,— (a) | for the words and brackets \"an appeal, the Commissioner (Appeals),\", the words and brackets \"an appeal, the Joint Commissioner (Appeals) or the Commissioner (Appeals),\" shall be substituted; (b) | for the words and brackets \"raised before the Commissioner (Appeals)\", the words and brackets \"raised before the Joint Commissioner (Appeals) or the Commissioner (Appeals), as the case may be,\" shall be substituted.","html":"<p><b>Amendment of section 251.</b></p><p><b>106. </b> In section 251 of the Income-tax Act,—</p><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>i</i>)</td><td></td><td>for the marginal heading, the following marginal heading \"Powers of the Joint Commissioner (Appeals) or the Commissioner (Appeals)\" shall be substituted;</td></tr><tr><td>(<i>ii</i>)</td><td></td><td>after sub-section (1), the following sub-section shall be inserted, namely:—</td></tr><tr><td></td><td></td><td>\"(1A) In disposing of an appeal, the Joint Commissioner (Appeals) shall have the following powers—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>a</i>)</td><td></td><td>in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment;</td></tr><tr><td>(<i>b</i>)</td><td></td><td>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;</td></tr><tr><td>(<i>c</i>)</td><td></td><td>in any other case, he may pass such orders in the appeal as he thinks fit.\";</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>iii</i>)</td><td></td><td>in sub-section (2), for the words and brackets \"Commissioner (Appeals)\", the words and brackets \"Joint Commissioner (Appeals) or the Commissioner (Appeals), as the case may be,\" shall be substituted;</td></tr><tr><td>(<i>iv</i>)</td><td></td><td>in the <i>Explanation,</i>—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>a</i>)</td><td></td><td>for the words and brackets \"an appeal, the Commissioner (Appeals),\", the words and brackets \"an appeal, the Joint Commissioner (Appeals) or the Commissioner (Appeals),\" shall be substituted;</td></tr><tr><td>(<i>b</i>)</td><td></td><td>for the words and brackets \"raised before the Commissioner (Appeals)\", the words and brackets \"raised before the Joint Commissioner (Appeals) or the Commissioner (Appeals), as the case may be,\" shall be substituted.</td></tr></table></div>","words":229,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2023/section/106/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}