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Order specifying the Collegium – Explanation to section 158AB of the Income-tax Act, 1961

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Sep 29, 2022 #Incometax

New Delhi, dated 28th September, 2022

In exercise of powers conferred under the Explanation to section 158AB of the Income-tax Act, 1961 (the Act), the Central Board of Direct Taxes (read as ‘Board’) hereby specifies that for the purpose of deciding deferment of appeals before the Appellate Tribunal or the jurisdictional High Court by the Assessing Officer under section 158AB of the Act, a Collegium shall be constituted as under :-

SI.NoAppeals in JurisdictionCollegium to be Constituted By
1.International tax and Transfer PricingPr. Chief Commissioner of Income-tax (International tax and Transfer Pricing)
2Exemption ChargePr. Chief Commissioner of Income-tax
(Exemptions)
3Central ChargesChief Commissioner of Income-tax (Central) or
DGIT(Inv) – [Jurisdictional]
4All other casesPr. Chief Commissioner of Income-tax (CCA) –
[Jurisdictional]

(ii) The Collegium shall comprise of three members who are officers of the rank of Principal
Commissioner of Income-tax (PCIT) or Commissioner of Income-tax (CIT);

  1. (iii) The members shall be:-
    1. a. the PC IT or CIT having jurisdiction over the case in which deferment of appeal is to be decided under section 158AB(I); and
    2. b. two other officers of the rank of PC IT or CIT nominated by respective Pr.CCIT/CCITIDGIT mentioned in the table in (i) above;

(iv) The Collegium may co-opt one officer of the rank of PC IT or CIT if it so decides;

(v) The seniormost member of the Collegium shall act as the Chairperson of the Collegium.

2 .This order comes into effect from the date of its issue.

3. Hindi version shall follow.

(P. Amrutha varshini)
DCIT (OSD) (TPL-IV)

Circular : https://www.dropbox.com/s/tgfyovunzxq76r7/Order%20specifying%20the%20Collegium%20-Explallation%20to%20section%20IS8AB%20of%20the%20Income-tax%20Act%2C%201961.pdf?dl=0

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