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Case lawIncome-tax Act 2025Chapter XIV › Section 238
Chapter XIVwas s.118

Section 238 of the Income-tax Act, 2025

Section 238 — Control of income-tax authorities. Successor to s.118 of the 1961 Act.

Where this section sits

Section 238 is in Chapter XIV — Tax Administration, which runs from section 236 to section 261.

← Section 237  ·  Section 239 →

What this section does

The section gives the Board a single power: to direct, by notification, that any income-tax authority or authorities specified in the notification shall be subordinate to such other income-tax authority or authorities as are specified in that notification. Subordination is therefore fixed by notification rather than by the section itself.

Why it is there

The Act repeatedly attaches consequences to one authority being subordinate to another — supervision, instructions and the exercise of powers by a higher authority. This section supplies the mechanism by which that hierarchy is actually declared, and leaves it to be adjusted by notification as the administration is reorganised.

Who it applies to

What this means in practice

The section states no hierarchy of its own, so who is subordinate to whom in any given case is answered by the notification in force and not by the section. Nothing happens under it until a notification is issued, and the power extends to authorities in the plural on both sides, so a class of authorities can be placed under a class of superiors in one notification.

Where you meet this section

A taxpayer never meets this section directly — it produces no notice, order or form. It is relevant only indirectly, where a provision of the Act turns on whether the authority acting was subordinate to another, and the answer is found in the notification issued under this section.

The words themselves

The Board may, by notification, direct that any income-tax authority or authorities specified in the notification shall be subordinate to such other income-tax authority or authorities as specified in such notification
Section 238, Income-tax Act, 2025.

What people get wrong

What this replaced

The correspondence is the Income Tax Department’s own, from its comparison utility for the 1961 and 2025 Acts. A renumbering is the easy half; whether the words changed is the half that decides cases.

See the full 1961 to 2025 concordance.

Notifications that reach this section

A notification is made under a power the Act gives and, within that power, is law. These too were made under the 1961 Act and are placed here by the department’s concordance.

See every circular and notification on this section, or the notifications index.

What this page does not tell you. It does not reproduce the section. Everything above was written from the section’s own text as the Income Tax Department publishes it — the text is here, and nothing here is advice on your facts. Where a figure matters, read the sub-section it comes from.