tax appeal

Income Tax Appellate Hierarchy

Income Tax - Appellate Hierarchy:- 1. Appeal to CIT (A) An appeal to the Commissioner (Appeal) against any order which is appealable is to be presented within 30 days from the date specified. However the commissioner (Appeal) may admit an appeal even after the expiry of the said period of 30 days, if he is satisfied that the […]...

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Form 35 | Income Tax Appeal with CIT (A) | FAQ & Manual

Income Tax - Q.1 What is Form 35? If you are aggrieved by an order of an Assessing Officer (AO), you can file an appeal against the same before the Commissioner of Income Tax (Appeals) by submitting duly filled  Form 35 online on the e-Filing portal. Q.2 Who can use Form 35? Any assessee / deductor  who wants […]...

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All about Appeal to Income Tax Appellate Tribunal (ITAT)

Income Tax - rticle discusses about Appealable orders in case of appeal by the taxpayer, Appealable orders in case of appeal by the Commissioner, Appeal not to be filed by the department in certain cases, Time- limit for presenting appeal, Form and signature, Memorandum of cross objection, Documents to be submitted with appeal, Fees for filing the app...

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List of Documents required for e-Filing of Appeal with ITAT

Income Tax - List of Documents required for e-Filing of Appeal with ITAT for following types of Appeals – -Income Tax Appeal against Levy of Penalty u/s. 234E of Income Tax Act, 1961 -Income Tax Appeal against Order u/s. 250 (Arising out of Appeal u/s. 248) -Cross Objection against appeal u/s. 253 -Miscellaneous Application against Order u/s. 25...

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All About E-Filing applications/Appeal before a Bench of ITAT

Income Tax - Guidelines and FAQs About E-Filing applications/Appeal before a Bench of Income Tax Appellate Tribunal (ITAT) About E-Filing 1. E-Filing is the process of electronic online filing of appeals and applications before a Bench of Income Tax Appellate Tribunal. An Assessee or Assessing Officer or any other person, who is entitled to file an ap...

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No cases of Non-Compliance of CBDT orders on Not Filing Appeal

Income Tax - The number of cases of non-compliance of orders of the Central Board of Direct Taxes (CBDT) like not filing appeal in the High Court despite the direction of Directorate General of Income Tax (DGIT) (Investigation) and allowing appeal without collecting the requisite demand by the Commissioner of Income Tax (CIT) (Central) Mumbai-II and P...

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e-filing portal of Income Tax Appellate Tribunal launched

Income Tax - Law Minister Shri Ravi Shankar Prasad launches 'itat e-dwar', an e-filing portal of Income Tax Appellate Tribunal. Portal will enable online filing of Appeals, Applications, documents etc. by various parties. Cases of  Income Tax Appellate Tribunal should be integrated in National Judicial Data Grid: Shri Ravi Shankar Prasad...

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Representation on Disposal of CIT appeals, Physical hearings in ITAT etc.

Income Tax - Representation with regard to disposal  of appeals before the Commissioner of Income tax (Appeals), continuation of physical hearings in ITAT and other Issues....

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Two new functionality on GST Portal related to E-Way Bill & Appeal

Income Tax - Population of Data from EWB System into Form GSTR-1 At the time of generating E-Way Bill for outward supply, taxpayer enters the detail of outward supplies such as Invoice number, Date, Value Tax etc. Taxpayers can now easily import these details of outward supply invoices, as indicated in the E-Way Bill, at the time of preparation [&hel...

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PIL in SC challenging withdrawal of Pending Tax Appeal Cases

Income Tax - Ashish Gopal Garg has challenged by way of PIL in Supreme Court Circular No. 3/2018 dated 11.07.2018 and Instruction No. F.No.390/Misc./116/2017-JC dated 11.07.2018 issued by CBDT and CBIC respectively, whereby the threshold limit to file appeal at Supreme Court of India, by the government in Direct Tax Cases as well as Indirect Tax Cases...

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ITAT dismisses appeal as Low tax effect circular applies to pending appeals also

ITO Vs Emdet Neff Perkings Rubber Pvt. Ltd. (ITAT Delhi), I.T.A No. 5080/Del/2019 - The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No. 17/2019 would be applicable to all pending appeals....

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Staff shortage due to merger is sufficient cause for Delay in Filing Appeal

State Bank of India Vs ITO (ITAT Bangalore) - The assessee herein is one of the branches of M/ State Bank of Travancore, which has since been merged with M/s State Bank of India. It is stated that there was shortage of staff and domain expertise in taxation. On examination of reasons furnished by the assessee in a liberal manner, in our view, t...

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Appeal not Justified if there is Lack of Strong Contrary Evidence

Sudhakar Motiram Kadam Vs ITO (ITAT Pune) - The issue under consideration is whether the assessee can challenge the order of AO for which he has agreed before without there being any contrary evidence?...

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Extension of Stay of Demand Allowed if Delay in Not Disposing of Appeal is Not Attributable to Assessee

United Spirits Ltd. Vs JCIT (ITAT Bangalore) - The issue under consideration is whether the second extension of stay of demand against ITAT appeal will be allowed to the assessee?...

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Form 35 Submission with Scanned Signature for filing CIT appeal is Sustainable in Law

Rivendell PE Vs ACIT (ITAT Mumbai) - The issue under consideration is whether the submission of Form 35 alongwith scanned copy of signature at the time of filing CIT appeal is sustainable in law?...

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SOP for hearing of cases at ITAT Chandigarh Benches from 04.08.2020

NA - (04/08/2020) - In continuation of the SOP (Standard Operating Procedure) dated 01.06.2020 the hearing of cases at 'ITAT Chandigarh Benches from 04.08.2020 onwards will be done through WEBEX/Google Meet for conducting Virtual Court Proceedings....

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Fall in collection of direct taxes is on expected lines: CBDT

NA - (07/06/2020) - There are reports in a certain section of media that the growth of direct taxes collection for the FY 2019-20 has fallen drastically and buoyancy of the direct tax collection as compared to the GDP growth has reached negative. These reports do not portray the correct picture regarding the growth of ...

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Dispose pending appeals with CIT(A) for more than 5 years by 31.03.2020

F. No. 279/M-118/2013-ITJ(Pt.)(Vol.II) - (27/12/2019) - CBDT has instructed all PR. CITs to dispose Pending appeals of more than 3 & 5 years  on priority. It is directed that all such appeals pending for more than 5 years as on 1st April, 2019 must be disposed off without fail by 31st March, 2020. F. No. 279/M-118/2013-ITJ(Pt.)(Vol.II) Government of...

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Monetary appeal filing limit not applicable to Gain through penny stocks

F. No. 279/Misc./M-93/2018-ITJ(Pt.) - (16/09/2019) - Special Order of Board exempting cases involving bogus Long Term Capital Gains (LTCG)/Short Term Capital Loss (STCL) through penny stocks from monetary limits specified in any Circular issued under Section 268A of the Income-tax Act, 1961-reg F. No. 279/Misc./M-93/2018-ITJ(Pt.) Government of India M...

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CBDT increases appeal filing limit – ITAT 20L, HC 50L, SC 1Cr

Circular No. 3/2018-Income Tax - (11/07/2018) - CBDT increases appeal filing limit Substantially and new limit for filing appeal with various Appellate Forum is as follows :ITAT Rs. 20,00,000/‑, High Courts Rs. 50,00,000/‑ and Supreme Court Rs. 1,00,00,000/-....

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Recent Posts in "tax appeal"

No cases of Non-Compliance of CBDT orders on Not Filing Appeal

The number of cases of non-compliance of orders of the Central Board of Direct Taxes (CBDT) like not filing appeal in the High Court despite the direction of Directorate General of Income Tax (DGIT) (Investigation) and allowing appeal without collecting the requisite demand by the Commissioner of Income Tax (CIT) (Central) Mumbai-II and P...

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Posted Under: Income Tax |

Income Tax Appellate Hierarchy

Appellate Hierarchy:- 1. Appeal to CIT (A) An appeal to the Commissioner (Appeal) against any order which is appealable is to be presented within 30 days from the date specified. However the commissioner (Appeal) may admit an appeal even after the expiry of the said period of 30 days, if he is satisfied that the […]...

Read More
Posted Under: Income Tax |

e-filing portal of Income Tax Appellate Tribunal launched

Law Minister Shri Ravi Shankar Prasad launches 'itat e-dwar', an e-filing portal of Income Tax Appellate Tribunal. Portal will enable online filing of Appeals, Applications, documents etc. by various parties. Cases of  Income Tax Appellate Tribunal should be integrated in National Judicial Data Grid: Shri Ravi Shankar Prasad...

Read More
Posted Under: Income Tax |

Form 35 | Income Tax Appeal with CIT (A) | FAQ & Manual

Q.1 What is Form 35? If you are aggrieved by an order of an Assessing Officer (AO), you can file an appeal against the same before the Commissioner of Income Tax (Appeals) by submitting duly filled  Form 35 online on the e-Filing portal. Q.2 Who can use Form 35? Any assessee / deductor  who wants […]...

Read More
Posted Under: Income Tax |

All about Appeal to Income Tax Appellate Tribunal (ITAT)

rticle discusses about Appealable orders in case of appeal by the taxpayer, Appealable orders in case of appeal by the Commissioner, Appeal not to be filed by the department in certain cases, Time- limit for presenting appeal, Form and signature, Memorandum of cross objection, Documents to be submitted with appeal, Fees for filing the app...

Read More
Posted Under: Income Tax |

List of Documents required for e-Filing of Appeal with ITAT

List of Documents required for e-Filing of Appeal with ITAT for following types of Appeals – -Income Tax Appeal against Levy of Penalty u/s. 234E of Income Tax Act, 1961 -Income Tax Appeal against Order u/s. 250 (Arising out of Appeal u/s. 248) -Cross Objection against appeal u/s. 253 -Miscellaneous Application against Order u/s. 25...

Read More
Posted Under: Income Tax |

All About E-Filing applications/Appeal before a Bench of ITAT

Guidelines and FAQs About E-Filing applications/Appeal before a Bench of Income Tax Appellate Tribunal (ITAT) About E-Filing 1. E-Filing is the process of electronic online filing of appeals and applications before a Bench of Income Tax Appellate Tribunal. An Assessee or Assessing Officer or any other person, who is entitled to file an ap...

Read More
Posted Under: Income Tax |

Provisions of Filing Income Tax Appeal with CIT Appeals

Article discusses about Appealable order, Time-limit for presenting an appeal, Form of appeal, Signature to the appeal, Pre-deposit of tax, Documents to be submitted for appeal, Fees, Procedure of the appeal, Filing of additional evidences, Decision of the ...

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Posted Under: Income Tax |

Paradigm Shift In Appeal Proceedings Under Income Tax Act – Against Principles of “Natural Justice – Audi Alteram Partem”

The faceless appeal scheme at first appellate stage introduced by the Government vide Finance Act, 2020 under section 250 of the Income-tax Act, 1961 brought a paradigm shift in the Appeal proceedings, in addition to it a provisions w.r.t. Income Tax Appellate Tribunal were amended vide Finance Act, 2021 for introducing faceless appea...

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Posted Under: Income Tax |

Overview of Form 35 for Appeal with CIT(A)

The Provisions relating to the form of appeal to Commissioner (Appeals) are contained under Rule 45 of the Income Tax Rules. As per the said rule 45, an appeal to the Commissioner of Income Tax (Appeals) needs to be made in Form No. 35....

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Posted Under: Income Tax |

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