Rule 156 — Prescribed income-tax authority under section 259. Made under s.259 of the Income-tax Act, 2025.
Rule 156 gives effect to Section 259 of the Income-tax Act, 2025. A rule cannot go beyond the section it serves: where the two seem to differ, the section governs.
The rule prescribes the income-tax authority for the purposes of section 259. That authority is an income-tax authority not below the rank of Assistant Commissioner of Income-tax who has been authorised by the Central Board of Direct Taxes to act as such authority for the purposes of that section.
Section 259 speaks of a prescribed income-tax authority and leaves the identification to the rules. The rule fixes a floor of rank and adds a separate requirement of authorisation by the Board, so the function cannot be exercised merely because an officer holds the rank.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Minimum rank of the prescribed authority | Not below the rank of Assistant Commissioner of Income-tax | The officer must also have been authorised by the Central Board of Direct Taxes to act as such authority for the purposes of section 259 | Rule 156 |
Two conditions must hold together. Rank alone does not make an officer the prescribed authority, and neither does an authorisation given to an officer below the rank of Assistant Commissioner of Income-tax. The rule fixes a floor rather than a single designation, so an officer of higher rank who is authorised also qualifies. Which of them in fact holds the authorisation is a matter of the Board's order, not of this rule.
In any communication or action taken under section 259, where the officer's rank and the Board's authorisation are what identify him as the prescribed authority.
shall be an Income-tax authority not below the rank of Assistant Commissioner of Income-tax, who has been authorised by the Central Board of Direct Taxes to act as such authority for the purposes of that section