Amended and updated notes on section 248 of Income Tax Act 1961 as amended by the Finance Act 2022 and Income-tax Rules, 1962. Detail discussion on provisions and rules related to Appeal by a person denying liability to deduct tax in certain cases.
Chapter XX (Sections 246 to 269) of the Income Tax Act 1961 deals with the provisions related to appeals and revision . Section 248 of IT Act 1961 provides for Appeal by a person denying liability to deduct tax in certain cases.
Recently, we have discussed in detail section 246A [Appealable orders before Commissioner (Appeals)] of IT Act 1961.
Today, we learn the provisions of section 248 of Income-tax Act 1961 as amended by the Finance Act 2022. The amended provision of section 248 is effective for financial year 2022-23 relevant to the assessment year 2023-24.
In this article, you will learn detail of the provisions of section 248 of the Income Tax Act, 1961 Bare Act read with the Income-tax Rules, 1962 as provided by Ministry of Law and Justice, Government of India.
Section-248: Appeal by a person denying liability to deduct tax in certain cases
Where under an agreement or other arrangement, the tax deductible on any income, other than interest, under section 195 is to be borne by the person by whom the income is payable, and such person having paid such tax to the credit of the Central Government, claims that no tax was required to be deducted on such income, he may appeal to the Commissioner (Appeals) for a declaration that no tax was deductible on such income.
Provided that no appeal shall be filed where tax is paid to the credit of the Central Government on or after the 1st day of April, 2022.
[Proviso to section 248 newly inserted w.e.f. 1-April-2022 by the Finance Act 2022]