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Work Process

How We Work

01

Assessment of Your Case

To protect your rights and ensure timely filings.

02

Expertise in Tax Laws

Access to qualified experts familiar with Indian tax regulations.

03

Document Preparation

Professional assistance in compiling all necessary documents for a well-supported appeal.

Checklist

Documents Required

Form 35 This is the main appeal form.
Copy of the assessment order The document you're disagreeing with
Original demand notice The notice telling you how much tax to pay.

Service

A Step-by-Step Roadmap for Appeal Cases

Receive and Review the Income Tax Assessment Order: Identify discrepancies or areas of disagreement.

Evaluate Appeal Viability: Consider filing an appeal if you have valid reasons.

Identify the Appropriate Appellate Authority: Such as the Commissioner of Income Tax (Appeals).

Prepare and File Your Appeal: This includes compiling appeal documents and paying any required fees.

Attend Hearings: Present your case, supported by necessary documents and arguments.

Explore All Options: From negotiation to further legal avenues if necessary.

Final Resolution: Comply with the appellate order, adjusting your tax liabilities accordingly.

Introduction

This guide aims to demystify the process of filing an appeal using Form 35, offering a step-by-step approach to ensure that taxpayers can confidently navigate this pathway. From understanding eligibility for appeal to the final confirmation of your submission, each step is crucial in ensuring that your appeal is properly lodged and considered by the Income Tax Department. With this guide, taxpayers can ensure that their rights are exercised and that any concerns with tax assessments are appropriately addressed.

How to Download and File Income Tax Appeal Form 35

In the realm of taxation, disagreements between the taxpayer and the assessing officer regarding the assessment of total income are not uncommon. In such instances, the taxpayer's recourse is to file an appeal using Form 35, as sanctioned under the Income Tax Act. This detailed guide elucidates the process of filing an Income Tax appeal with Form 35, including insights on appeal fees and the critical timelines associated with the appeal process.

Understanding Form 35 of the Income Tax Act

Form 35 is designed for taxpayers who seek to challenge the order of the assessing officer. This form is pivotal for appealing to the Commissioner of Income Tax (Appeals) against orders outlined under section 246A, which include search assessment orders under section 153A and intimations under section 143(1), among others. The appeal through Form 35 can be initiated either online or offline, contingent on the method of ITR filing by the taxpayer.

Procedure for Filing an Appeal in Income Tax

The appellate procedure is sequential, beginning with the submission of Form 35, followed by a scheduled hearing by the Commissioner of Income-tax (Appeals). Both the appellant and the Assessing Officer are notified of the hearing date and location. Representation can be made in person or via a representative. The appellate process allows for inquiries and further investigations if deemed necessary by the Commissioner.

FAQ:

For appealing against an Assessing Officer's order, submitted online via the e-Filing portal.
Required, varies based on the total income assessed
Must be filed within 30 days from the order, with provisions for delay condonation in exceptional cases.

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