Rule 175 — Prescribed authority for issue of notice under section 270(8). Made under s.270 of the Income-tax Act, 2025.
Rule 175 gives effect to Section 270 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 names the prescribed authority for section 270(8). It shall be an income-tax authority not below the rank of an Income-tax Officer, who has been authorised by the Central Board of Direct Taxes to act as income-tax authority for the purposes of section 270(8).
Section 270(8) allows a notice to be issued by a prescribed authority but does not say who that is. The rule sets two requirements at once: a floor of rank, and an express authorisation by the Board. Neither alone is enough.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Minimum rank of the prescribed authority | Not below the rank of an Income-tax Officer | And authorised by the Central Board of Direct Taxes to act as income-tax authority for the purposes of section 270(8) | Rule 175 |
Rank alone does not make an officer the prescribed authority. The rule requires both that the officer be not below the rank of an Income-tax Officer and that the Board have authorised him to act as income-tax authority for the purposes of section 270(8), so a notice from an officer of adequate rank who lacks that authorisation is not a notice from the prescribed authority. The rule says nothing about what the notice may require or when it may issue; those come from section 270(8).
A notice under section 270(8) is issued by an officer of the rank of Income-tax Officer. The recipient can ask on what authorisation it was issued, because this rule requires the officer to have been authorised by the Board to act as income-tax authority for the purposes of that sub-section, over and above his rank.
You meet it on the face of a notice under section 270(8), when checking whether the officer issuing it answers the description of the prescribed authority.
The prescribed authority under section 270(8) shall be an income-tax authority not below the rank of an Income-tax Officer, who has been authorised by the Central Board of Direct Taxes to act as in-come-tax authority for the purposes of section 270(8).