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Case law › Income-tax Act 2025 › Chapter XXIII › Section 515
Chapter XXIIIwas s.288

Section 515 of the Income-tax Act, 2025

Section 515 — Appearance by authorised representative. Successor to s.288 of the 1961 Act.

Where this section sits

Section 515 is in Chapter XXIII — Miscellaneous, which runs from section 499 to section 536.

← Section 514  ·  Section 516 →

What this section does

Sub-section (1) lets an assessee entitled or required to attend before any income-tax authority or the Appellate Tribunal do so through an authorised representative; sub-section (2) takes that right away where he is required to attend personally for examination on oath or affirmation under section 246. Sub-section (3)(a) lists the nine categories who can be an authorised representative, all requiring written authority — a relative or regular employee, an officer of a scheduled bank with which the assessee has a current account or regular dealings, a legal practitioner entitled to practise in any civil court in India, an accountant, a person who has passed a Board-recognised accountancy examination, a person with prescribed educational qualifications, two grandfathered categories tied to the former Union territories and to section 288(2)(vii) of the Income-tax Act, 1961, and any other prescribed person. Clause (b) defines "accountant" as a chartered accountant holding a valid certificate of practice and then excludes a long list of persons connected with the assessee — but expressly not for the purpose of representing the assessee under sub-section (1). Sub-section (4) disqualifies four classes from representing anyone and fixes how long each disqualification lasts: permanently for a person dismissed or removed from Government service, for such time as the Principal Chief Commissioner, Chief Commissioner, Principal Commissioner or Commissioner orders for a person convicted in an income-tax matter or penalised under the Act (with named penalty exceptions), for the duration of the insolvency, and ten years for a person convicted of an offence involving fraud. Sub-section (5) links professional misconduct findings to the right to appear, and lets the prescribed authority disqualify a non-professional found guilty of misconduct in income-tax proceedings; sub-section (6) requires a hearing, allows an appeal to the Board within one month, and suspends the order for one month or until the appeal is disposed of. Sub-sections (7) and (8) carry over disqualifications under the 1922 and 1961 Acts and define "relative".

Why it is there

Representation is opened widely — well beyond lawyers and accountants — while the disqualification machinery keeps out those whose conduct or position makes them unfit, with time limits and an appeal so that exclusion is not indefinite or unreviewable. Confining the "accountant" exclusions so that they do not apply to representation reflects that appearing for an assessee is not the same as certifying his accounts.

Who it applies to

The figures, and what each one turns on

Read the condition in the same row. A figure quoted without it is a wrong answer with a citation attached.
WhatFigureThe condition on itWhere
Threshold for a relative's shareholding or interest in the assesseeRs. 1,00,000 face valueRelevant to the exclusions from the definition of "accountant"; the same figure applies to a relative's indebtedness to the assessee and to a guarantee or security given by a relative515(3)(b)(ii)(G)
Disqualification for conviction of an offence involving fraud10 years from the date of convictionUnder sub-section (4)(d); the same ten-year period appears in the exclusion from the definition of "accountant"515(4)(iv) and 515(3)(b)(ii)(I)
Time to appeal to the Board against a disqualification order or direction1 month from the order or directionApplies to orders under sub-section (4)(b) and directions under sub-section (5)(b)515(6)(b)
Suspension of a disqualification order1 month from the making of the orderIt does not take effect until then, or until the appeal is disposed of if one has been filed515(6)(c)

What this means in practice

The written authorisation is the operative document — every category in sub-section (3)(a) is a "person authorised by the assessee, in writing". The categories are broad: a relative, a regular employee or an officer of your bank can appear, and you are not confined to lawyers and chartered accountants. The exclusions attached to the definition of "accountant" are the point most often read too widely: they are expressly stated not to apply where the accountant is representing the assessee under sub-section (1), so a person barred from certifying or auditing may still appear. The right to be represented does not extend to a personal examination on oath under section 246, where you must attend yourself. If a disqualification order is made against your representative, it does not bite for a month, and an appeal to the Board within that month keeps it suspended until disposal.

An example

Illustrative only, and invented for this page. The figures are chosen to show the rule biting, not taken from any real matter.

A company authorises in writing its own regular employee, who is a chartered accountant holding a certificate of practice, to appear before the Assessing Officer. The exclusion of an officer or employee of the assessee sits in the definition of 'accountant' in clause (b), but that definition opens 'but does not include [except for representing the assessee under sub-section (1)]' — so the exclusions do not bar appearance, and he may represent the company even though he could not audit or certify for it. The right does have a hard limit: where the assessee is required to attend personally for examination on oath or affirmation under section 246, sub-section (2) takes representation away altogether and he must attend himself. A representative convicted of an offence involving fraud is out for ten years from the date of conviction under sub-section (4)(d).

Where you meet this section

At any hearing before an income-tax authority or the Appellate Tribunal, where the written authorisation is the operative document for every one of the nine categories in sub-section (3)(a). A representative also meets the section in an order of disqualification made by the Principal Chief Commissioner, Chief Commissioner, Principal Commissioner or Commissioner under sub-section (4)(b), or a direction by the prescribed income-tax authority under sub-section (5)(b) — neither taking effect for a month, and an appeal to the Board within that month keeping it suspended until disposal.

The words themselves

An assessee, entitled or required to attend before any income-tax authority or the Appellate Tribunal for any proceeding under this Act, may attend through an authorised representative.
Section 515(1), 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.

Rules that serve this section

Rules of the Income-tax Rules, 2026 that work section 515. Where the rule’s own heading names the section we say so; the rest are marked on reading the rule, which is our derivation and not the department’s. A rule that serves the section silently and that we have missed will not appear here.

All of them are in the Rules 2026 index.

Circulars of the Board on this section

A circular binds the department, not you and not a court. Every one below was written under the 1961 Act; it reaches this section because the department’s own concordance carries the provision it names to this one.

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

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. We hold 260 in all; the 250 most recent are listed.

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

Case law carried across

Read this before you rely on it. Every decision below was decided under the Income-tax Act, 1961. It appears here because it is tagged to a 1961 provision that the department’s own mapping carries to section 515. That is an inference we have drawn, not a holding on the new section: where the words changed in the move, the reasoning may not survive. Treat this as the place to start looking, not as authority on the 2025 Act.

Read with

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.