Meaning of “Denies his liability”

The meaning of denies his liability used in section 246 of the Income Tax Act is not defined in the act itself. But we can take guidance from decisions by various high courts. Here is an excerpt of the court’s order in which the Hon’ble High Court tried to explain the meaning of denies his liability.

Meaning of denies his liability defined by court

The phrase ‘denies his liability‘ used in section 246 of the Income Tax Act came up before various high courts as detailed under :

1. Hon’ble Gauhati High Court explained the meaning of ‘denies his liability’ while delivering judgment in CIT vs. M. Pyngrope [1993] 200 ITR 106 (Gauhati) as under :

Meaning: The words ‘denies’ and ‘objects’ are words importing present continuous state of affairs. They do not import a past state of affairs.

2. Hon’ble Supreme Court explained the meaning of ‘denies his liability’ while delivering judgment in CIT vs. Kanpur coal syndicate [1964] 53 ITR 225 (SC) as under :

Meaning : The expression ‘denial of liability’ is comprehensive enough to take in not only the total denial of liability but also the liability to tax under particular circumstances. In either case the denial is a denial of liability to be assessed under the provisions of the act.he expression ‘denial of liability’ is comprehensive enough to take in not only the total denial of liability but also the liability to tax under particular circumstances. In either case the denial is a denial of liability to be assessed under the provisions of the act.

3. Hon’ble Rajasthan High Court explained the meaning of ‘denies his liability’ while delivering judgment in CIT vs. Devichand Pan Mal [1986] 24 taxman 663/160 ITR 545 (Raj.) as under :

Meaning : The expression ‘denies his liability to be assessed’ under the act covers not only the total denial of liability but also partial denial of liability.

4. Hon’ble Madras High Court explained the meaning of ‘denies his liability’ while delivering judgment in CIT vs. Sannanna Chetty & Sons [1991] 190 ITR 18 (Mad.) as under :

Meaning : The words ‘denial of liability’ in section 246(c) are comprehensive enough to take in not only total denial of liability but also the liability to tax under particular circumstances.

5. Hon’ble ITAT-Pune explained the meaning of ‘denies his liability’ while delivering judgment in ITO vs. Shri Bhogavati Sah. Sakhar Karkhana ltd. [2006] 101 ITD 302 (Pune – Trib.) as under :

Meaning: The expression ‘denial of liability’ in section 246(1) is comprehensive enough to take in not only the total denial of liability but also the liability to tax under particular circumstances. In either case, the denial is denial of liability to be assessed under the provisions of the act.

Section 246 of Income Tax Act

Appealable orders.

246. (1) Subject to the provisions of sub-section (2), any assessee aggrieved by any of the following orders of an Assessing Officer (other than the Deputy Commissioner) may appeal to the Deputy Commissioner (Appeals) before the 1st day of June, 2000 against such order— (a) an order against the assessee, where the assessee denies his liability to be assessed under this Act, or an intimation under sub-section (1) or sub-section (1B) of section 143,

where the assessee objects to the making of adjustments, or any order of assessment under sub-section (3) of section 143 or section 144, where the assessee objects to the amount of income assessed, or to the amount of tax determined, or to the amount of loss computed, or to the status under which he is assessed; (b) an order of assessment, reassessment or recomputation under section 147 or section 150; (c) an order under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections;

(d) an order made under section 163 treating the assessee as the agent of a non-resident; (e) an order under sub-section (2) or sub-section (3) of section 170; (f) an order under section 171; (g) any order under clause (b) of sub-section (1) or under sub-section (2) or sub-section (3) or sub-section (5) of section 185 in respect of any assessment for the assessment year commencing on or before the 1st day of April, 1992;

(h) an order cancelling the registration of a firm under sub-section (1) or under sub-section (2) of section 186 in respect of any assessment for the assessment year commencing on or before the 1st day of April, 1992; (i) an order under section 201;

(j) an order under section 216 in respect of any assessment for the assessment year commencing on the 1st day of April, 1988 or any earlier assessment year; (k) an order under section 237; (l) an order imposing a penalty under— (i) section 221, or (ii) section 271, section 271A, section 271B, section 272A, section 272AA or section 272BB;

(iii) section 272, section 272B or section 273, as they stood immediately before the 1st day of April, 1989, in respect of any assessment for the assessment year commencing on the 1st day of April, 1988 or any earlier assessment years.

(1A) Notwithstanding anything contained in sub-section (1), every appeal filed, on or after the 1st day of October, 1998 but before the 1st day of June, 2000, before the Deputy Commissioner (Appeals) and any matter arising out of or connected with such appeal and which is so pending shall stand transferred to the Commissioner (Appeals) and the Commissioner (Appeals) may proceed with such appeal or matter from the stage at which it was on that day.

(2) Notwithstanding anything contained in sub-section (1), any assessee aggrieved by any of the following orders (whether made before or after the appointed day) may appeal to the Commissioner (Appeals) before the 1st day of June, 2000 against such order—

(a) an intimation or order specified in sub-section (1) where such intimation is sent or such order is made by the Deputy Commissioner in exercise of the powers or functions conferred on or assigned to him under section 120 or section 124;

(b) an order specified in clauses (a) to (e) (both inclusive) and clauses (i) to (l) (both inclusive) of sub-section (1) or an order under section 104, as it stood immediately before the 1st day of April, 1988 in respect of any assessment for the assessment year commencing on the 1st day of April, 1987 or any earlier assessment year made against the assessee, being a company;

(c) an order of assessment made after the 30th day of September, 1984, on the basis of the directions issued by the Deputy Commissioner under section 144A;

(d) an order made by the Deputy Commissioner under section 154;

(da) an order of assessment made by an Assessing Officer under clause (c) of section 158BC, in respect of search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132A, on or after the 1st day of January, 1997;

(db) an order imposing a penalty under sub-section (2) of section 158BFA;

(e) an order imposing a penalty under section 271B or section 271BB;

(ee) an order made by a Deputy Commissioner imposing a penalty under section 271C, section 271D or section 271E;

(f) an order made by a Deputy Commissioner or a Deputy Director imposing a penalty under section 272A;

(ff) an order made by a Deputy Commissioner imposing a penalty under section 272AA;

(g) an order imposing a penalty under Chapter XXI by the Income-tax Officer or the Assistant Commissioner where such penalty has been imposed with the previous approval of the Deputy Commissioner under sub-section (2) of section 274;

(h) an order made by an Assessing Officer (other than Deputy Commissioner) under the provisions of this Act in the case of such person or classes of persons as the Board may, having regard to the nature of the cases, the complexities involved and other relevant considerations, direct.

(3) Notwithstanding anything contained in sub-section (1), the Board or the Principal Director General or Director General, or the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner if so authorised by the Board, may, by order in writing, transfer any appeal which is pending before a Deputy Commissioner (Appeals) and any matter arising out of or connected with such appeal and which is so pending, to the Commissioner (Appeals) if the Board or,

as the case may be, the Principal Director General or Director General or Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner (at the request of the appellant or otherwise) is satisfied that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations and the Commissioner (Appeals) may proceed with such appeal or matter, from the stage at which it was before it was so transferred:

Provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be reheard.

Explanation.—For the purposes of this section,—

(a) “appointed day” means the 10th day of July, 1978, being the day appointed under section 39 of the Finance (No. 2) Act, 1977 (29 of 1977);

(b) “status” means the category under which the assessee is assessed as “individual”, “Hindu undivided family” and so on.

In this article, you can get guidance from high courts on the meaning of denies his liability under section 246 of the Income Tax Act.

Updated up to Finance Act 2021