§ 373
Chapter XVIII — Appeals, Revisions And Alternate Dispute Resolutions
Filing of appeal by income-tax authority
Income-tax Act, 2025
The Board can set monetary limits for how income‑tax authorities file appeals. If an authority does not appeal an issue for one taxpayer in a tax year, it can still appeal the same issue for that taxpayer in another year or for any other taxpayer. A taxpayer cannot claim that the authority has accepted a decision simply because it did not appeal. Courts and tribunals must consider the Board’s limits and the reasons for filing or not filing an appeal when deciding cases.
📜 Official text of the section +
373. (1) The Board may, from time to time, issue orders, instructions or directions
to other income-tax authorities, fixing such monetary limits as it may deem
fit, for the purpose of regulating filing of appeal by any income-tax authority under
the provisions of this Chapter.
(2) Where, in pursuance of the orders, instructions or directions issued under
sub-section (1), an income-tax authority has not filed any appeal on any issue in
the case of an assessee for any tax year, it shall not preclude such authority from
filing an appeal on the same issue in the case of—
( a) the same assessee for any other tax year; or
( b) any other assessee for the same or any other tax year.
(3) Where no appeal has been filed by an income-tax authority pursuant to the orders
or instructions or directions issued under sub-section (1), it shall not be lawful for an
assessee, being a party in any appeal, to contend that the income-tax authority has
acquiesced in the decision on the disputed issue by not filing an appeal in any case.
(4) The Appellate Tribunal or Court, hearing such appeal, shall have regard to the
orders, instructions or directions issued under sub-section (1) and the circumstances
under which such appeal was filed or not filed in respect of any case.
Interpretation of “High Court”.
Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.
Related sections
§ 356Appealable orders before Joint Commissioner (Appeals)§ 357Appealable orders before Commissioner (Appeals)§ 358Form of appeal and limitation§ 359Procedure in appeal§ 360Principal Commissioner or Commissioner. Powers of Joint Commissioner (Appeals) or Commissioner (Appeals)§ 361Appellate Tribunal