Authority competent to make assessment of block period
[Section-299 as per the Income Tax Act, 2025 (this Act) w.e.f. 1st April, 2026.]
Section 299(1) of Income Tax Act 2025
299(1) The order of assessment for the block period shall be passed by an Assessing Officer not below the rank of a Deputy Commissioner or an Assistant Commissioner or a Deputy Director or an Assistant Director.
Section 299(2) of Income Tax Act 2025
299(2) The order referred to in sub-section (1) shall be passed with the previous approval of the Additional Commissioner or the Additional Director or the Joint Commissioner or the Joint Director, in respect of search initiated or requisition made on or after the commencement of this Act.
FAQs on Section 299 of Income Tax Act 2025
Who is authorized to pass the assessment order for the block period under the Income Tax Act, 2025?
The assessment order for the block period must be passed by an Assessing Officer not below the rank of a Deputy Commissioner, Assistant Commissioner, Deputy Director, or Assistant Director.
Is approval required before passing an assessment order for the block period?
Yes, the order must be passed with the previous approval of the Additional Commissioner, Additional Director, Joint Commissioner, or Joint Director.
Does the requirement of prior approval apply to all assessments under Section 299?
No, it applies specifically to search or requisition cases initiated on or after the commencement of the Income Tax Act, 2025.
Can an Income Tax Officer (ITO) pass a block assessment order under Section 299?
No, an ITO is not authorized to pass such orders. Only officers of rank Deputy Commissioner/Assistant Commissioner or above can do so.
Who grants prior approval for the assessment order under Section 299(2)?
Approval must be granted by an officer of rank Additional Commissioner, Additional Director, Joint Commissioner, or Joint Director.
Does the section specify any conditions for passing the order besides officer rank?
Yes, the order must be passed with prior approval if it pertains to search or requisition actions initiated after the commencement of the Act.
Is prior approval under Section 299(2) a procedural formality or a legal mandate?
It is a legal mandate. Without such prior approval, the order may be considered invalid in cases falling under the specified conditions.
Are both assessment and approval authorities defined specifically in Section 299?
Yes, Section 299(1) defines who can pass the order, and Section 299(2) specifies who must approve it.
Does Section 299 differentiate between types of search or requisition cases?
Yes, the prior approval requirement under Section 299(2) applies only to those initiated on or after the commencement of the Income Tax Act, 2025.
Is the approval under Section 299(2) required for assessments of block periods unrelated to search or requisition?
No, such approval is only required for cases involving search or requisition initiated after the Act commenced.
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