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A tax payer aggrieved by various actions of Assessing Officer can appeal before the different authorizes according to from which authority order have been received.
Order of Commissioner
Appeal to the CIT(A) should be filed within 30 days from the date of Notice of Demand relating to Assessment or Penalty Order, or from the date on which the Order was communicated to the assessee
An Appeal before the Commissioner of Income Tax (Appeals) [CIT(A)] is made through a Memorandum of Appeal in Form No. 35
Form 35
A copy of the income tax assessment order
Original Demand notice
Copy of the challan used to make the payment of Income Tax, provided that the payment pertains to the relevant assessment
GOVT. FEES
If the total income determined by the Assessing officer is less than or equal to Rs. 1,00,000, the appeal fee is Rs.250.
If the total income determined by the Assessing officer is more than Rs. 1,00,000 but less than Rs. 2,00,000, the appeal fee is Rs. 500.
If the total income determined by the Assessing officer is more than Rs. 2,00,000, the appeal fee is Rs. 1,000.
For other appeals, the fee would be Rs. 250
Order of Commissioner (Appeals)
An Appeal before the I.T.A.T has to be be filed in Form No. 36. Further, a Cross Objection is made in Form 36A
An Appeal to the Tribunal should be filed within 60 days from the date on which the Order is communicated
1) Form No. 36 (in triplicate); 2)The Order appealed against (2 copies, including one certified copy); 3) The Order of the Assessing Officer (2 copies); 4) The Grounds of appeal taken before the Commissioner of Income-Tax (Appeals)(2 copies); 5) The Statement of facts filed before the Commissioner of Income-Tax (Appeals) (2 copies); and 6) A copy of challan for payment of fee
Total Income as computed by Assessing Officer is Less than Rs.1 lakh- 500 Rs More than Rs. 1 lakh but less than Rs. 2 lakh- 1500 Rs More than Rs. 2 lakh- 1% income, subject to maximum of Rs.10,000
To complete the EPF registration process, businesses need the following documents:
Order of ITAT Where the High Court is satisfied that the case involves a substantial question of law.
The Appeal can be filed by the tax payer or by the Chief Commissioner/Commissioner of Income Tax within 120 days of receipt of the Order.
Appeal against High Court’s order in respect of Appellate Tribunal’s order lies with the Supreme Court in those cases, which are certified to be fit one for appeal to the Supreme Court. Special leave can also be granted by the Supreme Court under Art. 136 of the constitution of India against the order of the High Court
