The Income Tax Appellate Tribunal (ITAT) is the second appellate authority under the Income Tax Act, 1961. Below is a structured guide to filing an appeal before ITAT under Sections 253(3) to (6).
1. Who Can File an Appeal?
- Assessees(against CIT(A)’s order) – Section 253(1)
- Income Tax Department(against CIT(A)’s order) – Section 253(2)
2. Time Limit for Filing Appeal [Section 253(3)]
PARTY | TIME LIMIT | EXTENSION ALLOWED? |
Assessee | 60 days from CIT(A)’s order | Yes (up to 1 year with sufficient cause) |
Department | 60 days from CIT(A)’s order | No extension permitted |
Late Filing:
- Assessee must file a condonation petitionexplaining the delay (e.g., medical emergency, natural disaster).
- ITAT has discretionto accept or reject the delay.
3. Form & Documents Required [Section 253(4) & (5)]
(A) For Assessees
- Form 36(Memorandum of Appeal)
- Documents to Attach:
- Copy of CIT(A)’s order
- Copy of AO’s order(if applicable)
- Grounds of appeal(clearly stated)
- Proof of tax payment(if demand disputed)
(B) For Income Tax Department
- Form 36A(Departmental Appeal)
- Requires approvalfrom the Principal Chief Commissioner (PCCIT).
Filing Mode
- E-filing(mandatory for Department)
- Physical filing(allowed for assessees in some cases)
4. Fee for Filing Appeal [Section 253(6)]
INCOME BRACKET | APPEAL FEE (₹) |
Total income ≤ ₹1 lakh | 500 |
₹1 lakh – ₹2 lakh | 1,500 |
Above ₹2 lakh | 5,000 |
No income declared | 5,000 |
Exemptions:
- Department appeals(no fee).
- Charitable trusts(if income exempt).
5. Procedure After Filing [Section 253(3A)]
- Scrutiny by Registry
- ITAT checks for completeness(correct form, fees, documents).
- If incomplete, defective noticeissued (must be rectified in 15 days).
- Admission & Hearing
- If compliant, appeal is numbered & listed for hearing.
- Noticesent to both parties (assessee & Department).
- Final Disposal
- ITAT may:
- Confirm, modify, or annulCIT(A)’s order.
- Remandthe case back to AO/CIT(A) for fresh adjudication.
- ITAT may:
6. Key Judicial Precedents
- CIT vs. Scindia Steam Navigation (1961)– ITAT is the final fact-finding authority.
- Hindustan Steel Ltd. vs. CIT (1972)– ITAT can remand cases for fresh inquiry.
- CIT vs. Anjum M.H. Ghaswala (2001)– ITAT cannot enhance an assessment.
7. Practical Considerations
✅ Stay on Demand: File a stay application along with the appeal to avoid recovery.
✅ Cross-Appeals: If both assessee & Department appeal, ITAT hears them together.
✅ Departmental Appeals: Must meet monetary limits (₹50 lakh tax effect for FY 2023-24).
Summary Table: ITAT Appeal Procedure
STEP | ACTION REQUIRED | TIME LIMIT |
1. Filing Appeal | Submit Form 36/36A + documents | 60 days (extendable for assessees) |
2. Fee Payment | Based on income slab | At time of filing |
3. Defect Rectification | If any, correct within 15 days | – |
4. Hearing & Disposal | ITAT passes order | No fixed timeline |