Rule 253 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 253 of the Income-tax Rules, 2026 defines "business relationship" as any transaction entered into for a commercial purpose, carving out permitted professional services and arm's-length purchases in the normal course of business; rule 254 lets an insolvency professional or liquidator represent a company or LLP.
Why rule 253 matters
Rule 253 is a definition rule with a disqualifying effect. It supplies the meaning of "business relationship" for section 515(3)(b)(ii)(H) — one of the circumstances in which a person cannot act as an authorised representative. The general definition is deliberately wide, and the exceptions do the real work. The 1962 parallel is rule 51A.
The term is construed as any transaction entered into for a commercial purpose, other than the two categories below.
The two carve-outs
| Clause | What is excluded from "business relationship" |
|---|---|
| (A) | Commercial transactions in the nature of professional services permitted to be provided by an auditor or audit firm under the Act and the Chartered Accountants Act, 1949, and the rules or regulations made under those Acts |
| (B) | Commercial transactions conducted in the normal course of business of the company at a fair market price — such as the sale of products or services to the auditor as a customer in the regular operation of business — by companies involved in telecommunications, airlines, hospitals, hotels and other similar industries |
It is easy to read clause (B) of rule 253 as exempting anything a listed industry sells to its auditor. It does not. Three conditions must all hold: the transaction must be in the normal course of business of the company; it must be at a fair market price; and the auditor must be dealt with as a customer in the regular operation of business. A discounted airfare, a complimentary hotel stay or a preferential tariff fails the fair-market-price condition and is therefore a business relationship — the very thing the exception was meant not to catch. Conversely the industries named are prefaced by "such as" and closed with "other similar industries", so the list is illustrative and a company outside it can still rely on the clause if the three conditions hold.
Carve-out (A) is narrower than it looks. It exempts only what the auditor is permitted to provide — under both the Act and the Chartered Accountants Act, 1949 and the rules and regulations under them. A service the auditor is barred from providing does not become permissible because it was billed as a professional service; it falls outside clause (A) and back into the general definition in rule 253.
Rule 254 — the insolvency professional as representative
Rule 254 completes section 515(3)(a)(ix). In respect of a company or a limited liability partnership, "any other person" means the person appointed by the Adjudicating Authority to discharge the duties and functions of:
- an interim resolution professional;
- a resolution professional; or
- a liquidator,
as the case may be, under the Insolvency and Bankruptcy Code, 2016 and the rules and regulations made thereunder. The 1962 parallel is rule 51B, and "Adjudicating Authority" takes its meaning from rule 250(a), which borrows section 5(1) of the Code.
Once a corporate insolvency resolution process begins, the board is displaced and the directors who would ordinarily authorise a representative no longer manage the company. Without rule 254 the entity could face income-tax proceedings with nobody competent to appear for it. The rule names the appointee of the Adjudicating Authority — at whichever of the three stages the company has reached — and confines the provision to a company or LLP, which are the entities the Code's corporate process covers.
How the two rules differ in function
- Rule 253 restricts — it defines a relationship that disqualifies a person from representing.
- Rule 254 enables — it identifies a person who may represent an entity that could otherwise not be represented.
- Both attach to section 515, and both take vocabulary from statutes outside the Income-tax Act — the Chartered Accountants Act, 1949 in one case and the Insolvency and Bankruptcy Code, 2016 in the other.
Worked example
| Facts | Position under rule 253 and rule 254 |
|---|---|
| Auditor provides a tax representation service he is permitted to provide | Not a business relationship — carve-out (A) |
| Auditor provides a service he is barred from providing | Outside carve-out (A); falls in the general definition |
| Auditor buys a full-fare ticket from an airline client | Not a business relationship — normal course, fair market price, as a customer |
| Airline client gives the auditor a discounted staff fare | Fails the fair-market-price condition |
| Hotel client provides complimentary stays | Fails clause (B) |
| Auditor buys goods at list price from a manufacturing client | Clause (B) can still apply — the industry list is illustrative |
| Auditor lends money to the client at interest | A transaction for a commercial purpose outside both carve-outs |
| Company in CIRP; resolution professional appears in an assessment | Competent under rule 254 |
| Company in liquidation; liquidator appears | Covered — rule 254 names the liquidator |
| A partnership firm in an insolvency process | Outside rule 254, which covers a company or LLP |
Compliance checklist
- Start from the general definition in rule 253 — any transaction for a commercial purpose — and then test the carve-outs.
- For carve-out (A), confirm the service is one the auditor is permitted to provide under both Acts.
- For carve-out (B), evidence all three conditions: normal course, fair market price, customer in regular operation.
- Treat any discount, concession or preferential term as taking the transaction outside clause (B).
- Do not read the industry list as exhaustive.
- Document the pricing basis for any transaction between the company and its auditor.
- Where an entity is in insolvency, check which of the three IBC roles is current before filing a vakalatnama or authorisation.
- Confirm the appointment is by the Adjudicating Authority, as rule 254 requires.
Common mistakes
- Reading clause (B) as an industry exemption rather than a three-condition test.
- Accepting a concessional rate from a client and assuming the normal-course exception still applies.
- Treating anything billed as a professional service as within carve-out (A).
- Assuming a company in CIRP cannot be represented at all.
- Applying rule 254 to an entity other than a company or LLP.
Which year this governs
The Income-tax Rules, 2026 are made under the Income-tax Act, 2025. The 1962 parallels are rule 51A for rule 253 and rule 51B for rule 254, given for tracing only. Verify the current text before advising on an auditor's independence or an insolvency appearance.