Home / Income Tax Appeals Before Income Tax Appellate Tribunal (ITAT)

Updated on 10 Jul 2020    9.00 AM IST | 4 min read

Income Tax Appellate Tribunal (ITAT) Overview

Income tax appellate tribunal is the second appellate authority after commissioner of income tax (first appellate authority). Any of the aggrieved party, either tax payer or assessing officer can file an appeal to ITAT. It is constituted by the central government and comes under the ministry of law. If the tax payer objects to the order of principal commissioner of income tax, principal commissioner of income tax may ask assessing officer to file an appeal to the appellate tribunal. A taxpayer must file an appeal to the appellate tribunal within 60 days of order issuing date while in case of cross objections; time limit is 30 days from the date of receipt of notice.


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Appeal Against Orders

A taxpayer can file an appeal to the income tax appellate tribunal (ITAT) against the following orders –

  1. If an order is passed by a principal commissioner
  2. If an order is passed by commissioner
  3. If an order is passed by assessing officer
  4. Under section 272A, an order imposing penalty by a principal chief commissioner/Chief commissioner, principal director general/director general or principal director/director.
  5. If an appeal is filed against the order of dispute resolution panel.
  6. If appeal is filed against the rejection order of approval of a religious /charitable organization.

You can use Form no.36 to file an appeal to ITAT. The form of appeal, the grounds of appeal & the form of verification is to be signed & verified by –

  • Individual tax payer in case of an individual
  • Karta in case of Hindu undivided family (HUF)
  • Managing director in case of a company
  • Attorney holder in case of foreign company
  • Managing partner in case of a firm
  • Designated partner in case of LLP
  • Chief executive officer in case of political party
  • Principal officer in case of local authority

Documents to Be Submitted With Appeal

  • Form no.36 – in triplicate
  • Order of assessing officer – 2 copies
  • Grounds of appeal before first appellate authority – 2 copies
  • Order appealed against – 2 copies (including one certified copy)
  • 2 Copies of statement of facts filed before first appellate authority
  • 2 copies of relevant assessment order in case of appeal against penalty order
  • Copies of directions of the joint commissioner in case of appeal against order under section 143(3)
  • Copies of original assessment order in case of appeal against order under section 143.
  • Copy of challan for fee payment.

Fees Applicable

Fees applicable depends upon your assessed income and it is as follows –

  1. Less than or equal to Rs100000 – Rs.500
  2. More than Rs.100000 but less than Rs.200000 – Rs.1500
  3. More than Rs.200000 – 1% of assessed income

ITAT Services

Assistance in appeals before Income tax Appellate tribunal

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  • Continuous support over e-mail and phone (24X7).

How Finacbooks Can Help?

Finacbooks is one of the leading Indian firms with more than 10 years of experience in helping and guiding individuals, firms, companies, HUF’s, LLP’s etc. to appeal against the income tax order of assessing officer before income tax appellate tribunal appeals. If you think that income tax department is being unfair to you or you are not satisfied with the judgement of income tax commissioner. We are here to help you by giving you the best advice. Kindly call us at 8800221252 or you can also e-mail us at info@finacbooks.com

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