New IT Act 2025 — Knowledge Bank

Interpretation Interpretation

Section 355 — Interpretation

Interpretation

Old Act equivalent: Section 115BBE of IT Act 1961 Sub-part: Unexplained Income

Statutory Text

  1. For the purposes of this Part,— ( a) “anonymous donation” means any voluntary contribution referred to in section 2( 49)(c), where a person receiving such contribution does not maintain a record of the identity indicating the name and address of the person making such contribution and such other particulars, as may be prescribed; (b) “approval” means an approval under the second proviso to section 80G(5) of the Income-tax Act, 1961 (43 of 1961) or section 354; (c) “cancellation” includes withdrawal; ( d) “donation” means any voluntary contribution received by a registered non-profit organisation from any person; No. 1); ( ii) during the period beginning from the date of its creation or estab - lishment and ending on the date from which the registration under specified provision became effective, if the specified person has not been allowed any benefit under this Part or under sections 11 and 12 or section 10( 23C)(iv) or ( v) or ( vi) or ( via) of the Income-tax Act, 1961 (43 of 1961) during the said period, where provisions of the first proviso or the second proviso to section 12A(2) or the eighth proviso to section 10( 23C) of the said Act, are not applicable; ( iii) during the period beginning from the date of its creation or estab - lishment and ending on the date from which the registration under specified provision became effective due to the provisions of the first proviso or the second proviso to section 12A(2) or the eighth proviso to section 10( 23C), where provisions of the first proviso or the second proviso to section 12A(2) or the eighth proviso to section 10(23C), of the Income-tax Act, 1961 (43 of 1961), are applicable; and ( iv) which has been transferred to any other specified person within twelve months from the end of the month in which the dissolution takes place in respect of a case specified in section 352(4) (Table: Sl. No. 9); ( l) “specified person” means any person which is registered under any specified provision at any time since its incorporation or creation; ( m) “specified provision” means section 12A, 12AA or 12AB or section 10( 23C) of the Income-tax Act, 1961 (43 of 1961) or section 332; ( n) “substantial interest”, in relation to a person in a concern, means— ( i) in a case where the concern is a company, if its shares (not being shares entitled to a fixed rate of dividend whether with or without a further right to participate in profits) carrying not less than 20% of the voting power are, at any time during the tax year, owned beneficially by such person or partly by such person and partly by one or more of the other related persons; or ( ii) in the case of any other concern, if such person is entitled, or such person and one or more of the other related persons are entitled in the aggregate at any time during the tax year, to not less than 20% of the profits of such concern; ( o) “value” means the value of any benefit or facility granted or provided free of cost or at concessional rate to any related person; ( p) “wholly for charitable or religious purposes” shall mean wholly for char - itable purposes or wholly for religious purposes or wholly for charitable and religious purposes. CHAPTER XVIII APPEALS, REVISIONS AND ALTERNATE DISPUTE RESOLUTIONS A.—Appeals
  2. —Appeals to Joint Commissioner (Appeals) and Commissioner (Appeals) Appealable orders before Joint Commissioner (Appeals).
  3. (1) Any assessee or any deductor or any collector, aggrieved by any of the
    following orders of an Assessing Officer (below the rank of Joint Commissioner) may appeal to the Joint Commissioner (Appeals) against— ( a) an order being an intimation under section 270(1) or 399(1), where the assessee or deductor or collector objects to the adjustments made therein; or ( b) an order under section 270(10) or 271, where the assessee objects to the amount of income assessed, or to the amount of tax determined, or to the amount of loss computed, or to the status under which he is assessed; or ( c) an order of assessment, reassessment or recomputation under section 279; or ( d) an order under section 398; or ( e) an order imposing penalty under Chapter XXI; or ( f) an order under section 287 or 288 amending any of the orders or inti - mations mentioned in clauses ( a) to ( e). (2) No appeal shall be filed before the Joint Commissioner (Appeals) if an order
    referred to in sub-section (1) is passed by or with the prior approval of an income-tax authority above the rank of Deputy Commissioner. (3) The Board or an income-tax authority so authorised by the Board in this regard, may transfer— ( a) any appeal filed against an order referred to in sub-section (1), which is pending before the Commissioner (Appeals), and any matter arising out of or connected with such appeal and which is so pending, to the Joint Commissioner (Appeals); or ( b) any appeal which is pending before a Joint Commissioner (Appeals) and any matter arising out of or connected with such appeal and which is so pending, to the Commissioner (Appeals), regardless of anything
    contained in sub-sections (1) and (3)( a), who may proceed with such appeal or matter, from the stage at which it was before it was so transferred. (4) Where an appeal is transferred under sub-section (3), the appellant shall be given an opportunity of being reheard. (5) For the disposal of appeal under this section, the Central Government may
    notify a scheme, so as to dispose of appeals in an expedient manner with transparency and accountability, by eliminating the interface between the Joint Commissioner (Appeals) and the appellant, to the extent technologically feasible and direct that any of the provisions of this Act relating to jurisdiction and procedure for disposal of such appeals, shall not apply or shall apply with exceptions, modifications and adaptations. (6) The Board may specify that any provisions of this section shall not apply to any case or class of cases. (7) For the purposes of this section and section 357, “status” means the category of person as defined in section 2( 77) under which the assessee is assessed. Appealable orders before Commissioner (Appeals).
  4. Any assessee or any deductor or any collector, aggrieved by any of the
    following orders, may appeal to the Commissioner (Appeals) against— ( a) an order passed by a Joint Commissioner under section 231(4)( b); or ( b) an order against the assessee where the assessee denies his liability to be assessed under this Act; or ( c) an order being an intimation under section 270(1) or 399(1), where the assessee or the deductor or the collector objects to the adjust - ments made therein; or ( d) any order of assessment under section 270(10), except an order passed in pursuance of directions of the Dispute Resolution Panel or an order referred to in section 274(12) or 271, where the assessee objects to the income assessed, or to the amount of tax determined, or to the amount of loss computed, or to the status under which he is assessed; or ( e) an order of assessment, reassessment or recomputation under section 279 [except an order passed in pursuance of directions of the Dispute Resolution Panel or an order referred to in section 274(12)] or 283; or ( f) an order made under section 169(3)( a); or ( g) an order made under section 287 or 288 having the effect of
    enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections except an order referred to in section 274(12); or ( h) an order made under section 306 treating the assessee as the agent of a non-resident; or ( i) an order made under section 313(2) or (4); or ( j) an order made under section 315; or ( k) an order made under section 398; or ( l) an order made under section 431; or ( m) an order made under section 434; or ( n) an order imposing or enhancing a penalty under Chapter XXI; or ( o) an order imposing a penalty under section 412; or ( p) an order passed under section 294(1)( c); or ( q) an order imposing a penalty under section 298(2); or ( r) an order made by an Assessing Officer under the provisions of this Act in the case of such person or class of persons, as the Board may, having regard to the nature of the cases, the complexities involved and other relevant considerations, direct. Form of appeal and limitation.
  5. (1) Every appeal under this Chapter shall be in such form and verified in
    such manner, as may be prescribed. (2) An appeal referred to in sub-section (1), made to the Commissioner (Appeals) or to the Joint Commissioner (Appeals), shall be accompanied by a fee of— ( a) 250, where the total income of the assessee as computed by the Assessing Officer in the case to which the appeal relates is 100000 or less; ( b) 500, where the total income of the assessee, computed as aforesaid, in the case to which the appeal relates is more than 100000 but not more than 200000; ( c) 1000, where the total income of the assessee, computed as aforesaid, in the case to which the appeal relates is more than ` 200000;

Provisos

None.

Explanations

None.

Tables

None.

Cross-References

To be updated.

Notes

  • Verification status: pending
  • Auto-generated from IT Act 2025 PDF on 2026-04-13

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