4/16/24, 11:22 PM All About Appeal before Commissioner of Income-Tax (Appeals)

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About Appeal before Commissioner of Income-Tax (Appeals)

All About Appeal before Commissioner of Income -Tax

(Appeals)

Blog | Income Tax | 6 Min Read

By Taxmann | Last Updated on 23 December, 2023

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Table of Contents
1. Introduction
2. Appealable Order – Section 246A
3. Time Limit for presenting an Appeal
4. Fees for Filing the Appeal
5. Pre-deposit of tax for filing an appeal
6. Documents to be Submitted for Appeal (https://taxmann.social/Qr6a3)
7. Procedure in Appeal
8. Faceless Appeal
9. Conclusion
1. Introduction
An appeal is a process by which a judgement/order of a subordinate authority is challenged before its
higher authority. It implies a complaint to a higher authority against the order or judgement of an
administrative or appellate authority. At times it may happen that the assessee is aggrieved by an
order issued by the Assessing Officer. An Assessing Officer (hereinafter called the AO) is a key figure
in the tax system, who is primarily responsible for ensuring that the assessee has declared his/her

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income correctly and calculated the tax liability accordingly. Also, the AO has the power to
investigate cases of suspected tax evasion and raise tax demand and further impose penalties
wherever needed.
In such cases the assessee may file an appeal against the order of the AO before the Commissioner of
Income-tax (Appeals) and further before the Income Tax Appellate Tribunal (ITAT) if aggrieved by the
order of the Commissioner of Income-tax (Appeals) and so on.
The Income-tax Act, 1961 (hereinafter called the Act) provides various recourses to the tax payer to
challenge the orders passed by the AO after the assessment proceedings. Concepts pertaining to the
appeal/ petition that can be filed by the aggrieved assessee before the first appellate authority in the
hierarchy of income tax appeals viz. Commissioner of Income Tax (Appeals) (hereinafter called
CIT(A)) are significant to understand.
2. Appealable Order – Section 246A
Section 246A of the Act lists out the orders passed by various Income-tax Authorities against which
an aggrieved assessee can file an appeal before the first appellate authority i.e., the CIT(A). Some of
the major orders have been listed below-
Intimation issued under Section 143(1)/(1B) where adjustments have been made in income
offered to tax in the return of income.
Assessment order passed under Section 143(3) except in case of an order passed in
pursuance of directions of the Dispute Resolution Panel.
An assessment order passed under Section 144 – Best Judgement Assessment.
Order of Assessment, Re-assessment or Re-computation passed after reopening the
assessment under Section 147, except an order passed in pursuance of directions of the
Dispute Resolution Panel.
An order of assessment or re-assessment passed under Section 153A or under Section
158BC in case of search/seizure.
Rectification order passed under Section 154 or under Section 155.
Order passed under Section 163 treating the taxpayer as agent of non-resident.
3. Time Limit for presenting an Appeal
As per Section 249(2) of the Act, appeal should be presented within 30 days of the following date:
1. Where the appeal relates to any assessment or penalty, the date of service of notice of demand
relating to the assessment or penalty order.
2. In any other case, the date on which intimation of the order sought to be appealed against is served.

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4/16/24, 11:22 PM All About Appeal before Commissioner of Income-Tax (Appeals)

Exceptions: The delay in filing the appeal may be condoned by the CIT(A) in certain genuine cases, if
the appellant submits an application for condonation of delay, citing out reasons for the same along
with corroborative evidences and an affidavit signed by the appellant confirming the condonation.
4. Fees for Filing the Appeal
Appeal filing fees depends upon the total income determined by the AO in the assessment order
which is as follows –

Income determined by AO Fees (Rs.)

Less than or equal to Rs. 1 lakh 250

More than Rs. 1 lakh but less than Rs. 2 lakhs 500

More than Rs. 2 lakhs 1,000

Any other case (e.g.: Appeal against penalty orders) 250

5. Pre-deposit of tax for filing an appeal

The appellant is required to pay the tax determined as per the return of income filed by him, before
filing an appeal. If no return of income has been filed, then an amount equal to the amount of
advance tax payable by the assessee should be paid.
Exception: The CIT(A) may exempt the appellant from payment of tax if appropriate reason has been
furnished by the same for such non-payment before filing of appeal.
6. Documents to be Submitted for Appeal
Form No. 35 — Form for filing an appeal before CIT(A) (including statement of facts and
grounds of appeal) – in duplicate. However, e-filing has been made mandatory for persons
for whom e-filing of return of income is mandatory w.e.f. 01/03/2016.
One certified copy of order, appealed against.
Notice of demand in original.
Copy of challans of fees the details of the challan (i.e., BSR code, date of payment of fee,
serial number and amount of fee) are required to be furnished in case of e-filing of form of
appeal.
7. Procedure in Appeal
After receipt of Form no. 35, the CIT(A) shall fix a day for the hearing of the appeal, and
shall give notice of the same to the appellant and to the AO.
CIT(A) shall have the power to adjourn the hearing of the appeal from time to time.

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4/16/24, 11:22 PM All About Appeal before Commissioner of Income-Tax (Appeals)

CIT(A) may, allow the appellant to go into any ground of appeal not specified, if the CIT(A)
is satisfied that the omission of that ground was not wilful or unreasonable.
CIT(A) may, allow the appellant to submit additional evidence under rule 46A. As mentioned
in Rule 46A of the Act, an appellant shall be allowed to submit additional evidence before
the CIT(A), other than that has already been produced before the AO during the assessment
proceedings, only in the following circumstances-
1. Where the Assessing Officer refused to admit the said evidence which ought to have been
admitted; or
2. Where appellant was prevented by sufficient cause from producing evidence called upon by the
Assessing Officer; or
3. Where the appellant was prevented by sufficient cause from producing before the Assessing
Officer any evidence which is relevant to any ground of appeal; or
4. Where Assessing Officer passed the impugned order without giving sufficient opportunity to the
appellant to adduce evidence relevant to any ground of appeal.
CIT(A) may, before disposing of any appeal, make such further inquiry as he/she thinks fit, or
may direct the AO to make further inquiry and report the result of the same to the CIT(A).
Decision of the Commissioner of Income Tax (Appeals)
The CIT(A) shall dispose of the appeal by passing an order whereby decision on each of the
grounds of appeal shall be separately mentioned along with reasons for the same.
The CIT(A) shall decide in the following ways under different circumstances which are
explained as below-

Reason for Appeal Disposition of Appeal

Appeal against assessment order pass CIT(A) may confirm, reduce, enhance o
ed by the AO (including assessment in r annul the assessment.
respect of which proceedings before th
e Settlement Commission abates).

Appeal against penalty order. CIT(A) may confirm, reduce or enhance

the penalty.

The CIT(A) shall before enhancing any assessment or penalty, provide a reasonable opportunity
to the assessee to present his case against such enhancement. Also, the CIT(A) while disposing
off an appeal, may consider and decide any matter arising out of the assessment proceedings,
even though such matter was not raised by the assessee before the CIT(A).
Disposal of Appeal

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Where it is possible, the CIT(A) shall dispose of the appeal within a period of one year from the
end of financial year in which the appeal is filed and the respective order shall be issued within
a period of 15 days of last hearing.
8. Faceless Appeal
In recent years, the tax department has introduced an e-appeal scheme in order to impart increased
transparency, efficiency and accountability and reduce corruption by-
Eliminating the human interface between the CIT(A) and the appellant in due course of
appellate proceedings to the extent technologically possible, however, it would be
compulsory for the CIT(A) to allow a personal hearing if requested for by the appellant;
Better usage of resources through economies of scale and functional specialisation;
Reducing the time gap in completion of overall litigation matters.
Under this scheme, the entire assessment process shall be handled by the central authority viz.
National Faceless Appeal Centre (hereinafter called the NFAC) which shall assign the appeal directly to
a CIT(A) of the appeal unit. Thus, NFAC shall serve as the nodal agency between the Assessing
Officer, the appellant, or any other person and the Appeal Units and all the communications
amongst all of the aforesaid shall be exchanged exclusively by electronic mode. All the orders passed
by the CIT(A) shall be digitally signed before the same being transmitted to NFAC for serving the
same to the appellant.
An appellant shall be allowed to present his/her case before the CIT(A), on request for personal
hearing. If the CIT(A) deems fit, he/she may fix the date and time of hearing to the appellant through
the NFAC. Such hearing shall be conducted through video conferencing, in accordance with the
procedure laid down by the Central Board of Direct Taxes (CBDT).
Thus, introduction of Faceless Appeal Scheme has helped in a great way to bring a vast reform in the
whole litigation process, thereby making the appeal procedure all the more easy, reliable and
efficient.
9. Conclusion
The entire appeal process depends upon the facts and circumstances of the case which vary
concerning each appellant. The appellant must very carefully review the grounds of appeal before
filing them for an appeal. Understanding all the procedures pertaining to filing of appeal before the
CIT(A) as well as the powers possessed by an appellant and the CIT(A), that can be exercised as and
when required during the appeal proceedings would facilitate the appellant while he/she is going
through the hassle of filing an appeal.

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