ITAT appeal in Patna — Form 36, 60-day limitation and ITAT filing fees
Every ITAT appeal in Patna begins with ITAT
filing of a memorandum of appeal in Form 36 under Section 253.
The ITAT filing for your ITAT appeal in
Patna must ordinarily be completed within 60 days
of communication of the CIT(A) order. From 1 October 2026, ITAT
filing is mandatory through the
ITAT e-Filing Portal.
The ITAT appeal in Patna is filed in the prescribed Form 36
and must be accompanied by the grounds of appeal, the statement of facts,
the CIT(A) order and the assessment order. The ITAT filing
fee for your ITAT appeal in Patna is determined by the
amount of income disputed and is payable online.
ITAT filing essentials for ITAT appeal in Patna
ITAT appeal in Patna filing essentials — Form 36| Item | Requirement |
|---|
| Form | Form 36 — Memorandum of ITAT appeal in Patna under Section 253 |
| Limitation | 60 days from communication of CIT(A) order; condonable on sufficient cause for ITAT appeal in Patna |
| Mode of ITAT filing | Mandatory e-filing through the ITAT e-Filing Portal from 1 October 2026 |
| Fee | As prescribed under the ITAT Rules, based on the amount of income disputed in the ITAT appeal in Patna |
| Documents | CIT(A) order, grounds of appeal, statement of facts, paper book, authorisation |
| Forum | ITAT Patna Bench (for Bihar taxpayers filing ITAT appeal in Patna) |
ITAT filing fee structure for ITAT appeal in Patna
The ITAT filing fee for an ITAT appeal in
Patna is prescribed under Rule 47 of the Income-tax (Appellate
Tribunal) Rules, 1963. For an ITAT appeal in Patna where
the total income assessed does not exceed ₹1,00,000, the fee is ₹500. Where
the total income exceeds ₹1,00,000 but does not exceed ₹2,00,000, the fee
is ₹1,500. Where the total income exceeds ₹2,00,000, the fee for your
ITAT appeal in Patna is 1% of the assessed income, subject
to a maximum of ₹10,000.
Documents required for ITAT filing in an ITAT appeal in Patna
- Certified copy of the CIT(A) order being appealed against in the ITAT appeal in Patna.
- Copy of the original assessment order.
- Copy of the notice of demand under Section 156.
- Grounds of appeal — drafted specifically for the ITAT appeal in Patna.
- Statement of facts — factual background of the ITAT appeal in Patna.
- Form 36 — the memorandum of ITAT appeal in Patna.
- Proof of payment of the ITAT filing fee.
- Board resolution or Power of Attorney authorising the ITAT filing.
- Paper book with supporting documents, case law and evidence.
- Application for condonation of delay, if the ITAT appeal in Patna is beyond 60 days.
Condonation of delay in an ITAT appeal in Patna
Where the ITAT appeal in Patna is filed beyond 60 days, the
Tribunal has discretion under Section 253(5) to admit the income tax
tribunal appeal after the expiry of the limitation period if it is
satisfied that there was sufficient cause for the delay. The ITAT Patna
Bench has condoned substantial delays in appropriate ITAT appeal in Patna
matters — including a delay of 590 days — where reasonable cause was
demonstrated, and restored the matter for adjudication on merits.
However, condonation of delay in an ITAT appeal in Patna is
discretionary and fact-dependent. The safe practice is to complete
ITAT filing within the 60-day window and not rely on
condonation for your ITAT appeal in Patna.
Gap this hub fills — ITAT filing specifics for ITAT appeal in Patna
Most competitor pages mention "ITAT appeal" without explaining Form 36,
the fee structure, the mandatory e-filing portal or the condonation of
delay provisions. This ITAT appeal in Patna hub sets out
the complete ITAT filing framework — including the 60-day
limitation, the ITAT filing fee table, the document checklist and the ITAT
Patna Bench condonation practice — so your ITAT appeal in
Patna is filed correctly the first time.
Received a CIT(A) order in Patna?
Send the complete order and get a same-day ITAT appeal in Patna filing strategy note.
Call the ChamberTypes of ITAT appeal in Patna — Section 253(1), 253(2) and cross-objections
An ITAT appeal in Patna can arise from several types of
orders. The statutory foundation is Section 253, which defines who may file
an income tax tribunal appeal and against which orders.
Section 253(1) — ITAT appeal in Patna by the assessee
Under Section 253(1), an assessee may file an ITAT appeal in
Patna before the Income Tax Appellate Tribunal against:
- An order passed by the CIT(A) under Section 250, 154 or 271 in an ITAT appeal in Patna context.
- An order passed by the Assessing Officer under Section 143(3) where the assessee has not filed a CIT(A) appeal but the AO has been directed by the PCIT.
- An order of penalty under Section 271, 271A, 271AAA, 271AAB or 272A.
- An order passed by the PCIT under Section 263 or 263A.
Section 253(2) — ITAT appeal in Patna by the department
Under Section 253(2), the Principal Commissioner or Commissioner may direct
the Assessing Officer to file an ITAT appeal in Patna
against an order of the CIT(A) where the department considers the order
erroneous. This is the department's income tax tribunal appeal route.
Section 253(4) — cross-objections in an ITAT appeal in Patna
Where an ITAT appeal in Patna has been filed by one party,
the other party may file cross-objections under Section 253(4).
Cross-objections must be filed within 30 days of the receipt of the notice
of the ITAT appeal in Patna, or within such further time as
the Tribunal may allow. This is a critical strategic tool in an
income tax tribunal appeal — the respondent can defend the
favourable parts of the CIT(A) order and challenge the adverse parts in the
same ITAT appeal in Patna.
ITAT appeal in Patna types and limitation| Type of ITAT appeal in Patna | Provision | Limitation |
|---|
| ITAT appeal in Patna against CIT(A) order | Section 253(1)(a) | 60 days from communication |
| ITAT appeal in Patna against penalty order | Section 253(1)(c) | 60 days from communication |
| ITAT appeal in Patna against Section 263 order | Section 253(1)(d) | 60 days from communication |
| Departmental ITAT appeal in Patna | Section 253(2) | 60 days from communication |
| Cross-objections in ITAT appeal in Patna | Section 253(4) | 30 days from notice |
Gap this hub fills — ITAT appeal in Patna types and cross-objections
Competitor pages rarely distinguish between the different types of
ITAT appeal in Patna under Section 253, or explain the
strategic use of cross-objections. This ITAT
appeal in Patna hub sets out the assessee's ITAT appeal, the
departmental income tax tribunal appeal, and the cross-objection route —
with the limitation period for each.
Stay of demand at ITAT appeal in Patna — Section 254(2A) and 20% pre-deposit
Filing an ITAT appeal in Patna does not automatically stay
the recovery of the disputed demand. A separate application for stay of
demand under Section 254(2A) must be filed before the ITAT Patna Bench
along with your ITAT appeal in Patna. The ITAT
appeal in Patna stay is subject to a mandatory pre-deposit.
Section 254(2A) — stay pending ITAT appeal in Patna
The first proviso to Section 254(2A) provides that the Tribunal may grant
stay of demand pending the ITAT appeal in Patna subject to
the condition that the assessee deposits not less than 20% of the
amount of tax, interest, fee or penalty as determined by the
Tribunal. The total stay granted by the ITAT in an income tax
tribunal appeal cannot exceed 365 days.
The Tribunal may grant an initial stay of up to 180 days pending the
ITAT appeal in Patna, extendable by a further period not
exceeding 365 days in aggregate. The stay is conditional on the deposit
being made within the time fixed by the Bench.
Section 254(2A) stay — ITAT appeal in Patna pre-deposit and limits| Parameter | Requirement |
|---|
| Provision | Section 254(2A), first proviso |
| Pre-deposit | Not less than 20% of disputed tax, interest, fee or penalty for ITAT appeal in Patna |
| Initial stay | Up to 180 days |
| Maximum stay | 365 days in aggregate |
| Forum | ITAT Patna Bench (for Bihar taxpayers filing ITAT appeal in Patna) |
| Consequence of non-deposit | Stay may be vacated; recovery can resume |
ITAT Patna Bench — Section 254(2A) stay application in an ITAT appeal in Patna
In a 2026 stay application before the ITAT Patna Bench, the Tribunal
considered the assessee's willingness to deposit 20% of the demand under
Section 254(2A) in an ITAT appeal in Patna. The assessee
initially deposited ₹91,962 — 20% of the computed tax liability on the
addition under Section 69A read with Section 115BBE. The Tribunal found a
shortfall and directed an additional deposit of ₹22,178 to fulfil the
pre-deposit requirement for granting a stay pending the ITAT
appeal in Patna.
This illustrates the ITAT Patna Bench's practice in an ITAT appeal
in Patna: the pre-deposit amount is computed strictly, and any
shortfall must be made up before the stay in the ITAT appeal in
Patna is granted.
Gap this hub fills — ITAT appeal in Patna stay mechanics
Competitor pages mention "stay of demand" without explaining the
20% pre-deposit, the 180-day / 365-day limit
or the ITAT Patna Bench's practice of computing the pre-deposit strictly.
This ITAT appeal in Patna hub sets out the Section
254(2A) stay framework — so the stay application is filed with the
correct deposit and the correct timeline during the ITAT appeal
in Patna.
Demand confirmed and ITAT appeal in Patna filed?
The Section 254(2A) stay application must be filed separately. Send the CIT(A) order for a same-day assessment.
Engage the ChamberITAT Patna Bench — procedure, address and ITAT appeal in Patna hearings
For taxpayers in Bihar, every ITAT appeal in Patna is heard
by the ITAT Patna Bench. The Bench handles all categories of income
tax tribunal appeal matters — assessment, penalty, Section 263
revision, and departmental appeals — through both physical and virtual
hearings.
ITAT Patna Bench address and contact
ITAT Patna Bench — official details
- Address: Central Revenue Building, 5th Floor (Annexe), Bir Chand Patel Path, Patna – 800001
- Email: patna.bench@itat.nic.in
- Portal: itat.gov.in
- e-Filing: itat.gov.in/efiling
Physical and virtual hearings in an ITAT appeal in Patna
The ITAT Patna Bench hears ITAT appeal in Patna matters
both physically at the Bench and through the Tribunal's virtual hearing
infrastructure. The appellant or authorised representative may appear in
person, through a chartered accountant, or through an advocate. In many
ITAT appeal in Patna cases, a hybrid hearing can be
requested — with the appellant joining virtually and the Bench sitting
physically at the ITAT Patna Bench.
Paper book preparation for an ITAT appeal in Patna
A well-prepared paper book is essential for any income tax
tribunal appeal before the ITAT Patna Bench. The paper book in an
ITAT appeal in Patna should contain:
- Index of documents in the ITAT appeal in Patna paper book.
- CIT(A) order and original assessment order.
- Grounds of appeal and statement of facts filed with the ITAT filing in Form 36.
- Supporting evidence — bank statements, invoices, ledgers, confirmations.
- Case law compilation relevant to each ground of the ITAT appeal in Patna.
- Any additional evidence sought to be admitted under Rule 29 of the ITAT Rules.
ITAT Patna Bench case law relevant to ITAT appeal in Patna
Recent ITAT Patna Bench rulings are directly relevant to the conduct of an
ITAT appeal in Patna:
- Shiya Sharan Roy v. Assessment Unit — the ITAT Patna Bench deleted a ₹5.50 lakh addition under Section 69A on a time deposit, holding that once the source of funds was explained through NEFT from the assessee's father's account and evidenced by the bank statement, the basic condition for invoking Section 69A failed in the ITAT appeal in Patna.
- Rupesh Kumar v. ITO (SA No. 2/PAT/2026) — the ITAT Patna Bench applied Section 254(2A) and directed an additional 20% pre-deposit before granting stay of demand pending the ITAT appeal in Patna.
- Dissolved entity ruling — the ITAT Patna Bench held that an assessment against a dissolved entity is a legal nullity and quashed the penalty order under Section 154 in an ITAT appeal in Patna.
- Section 270A penalty ruling — the ITAT Patna Bench held that penalty under Section 270A cannot be imposed automatically for delayed return filing where the income is fully disclosed through TDS and bona fide reasons are demonstrated.
- Ex parte CIT(A) order ruling — the ITAT Patna Bench set aside a CIT(A) order passed ex parte and reaffirmed that the right to a fair hearing is non-negotiable in an income tax tribunal appeal.
Gap this hub fills — ITAT Patna Bench procedure and case law
No competitor page provides the ITAT Patna Bench address,
paper book requirements, virtual hearing procedure or recent ITAT Patna
Bench case law in the context of an ITAT appeal in Patna.
This ITAT appeal in Patna hub integrates all of these —
so the income tax tribunal appeal is prepared to the
Bench's standard.
After the ITAT appeal in Patna order — Section 254(2) and Section 260A
Once the ITAT Patna Bench disposes of the ITAT appeal in
Patna, further remedies may be available depending on the outcome.
Two statutory routes follow an ITAT appeal in Patna:
rectification under Section 254(2), and appeal to the Patna High Court under
Section 260A.
Section 254(2) — rectification of an ITAT appeal in Patna order
Where a mistake is apparent from the record in an ITAT appeal in
Patna order, either party may apply for rectification under Section
254(2). The application — known as a Miscellaneous Application (MA) — must
be filed within 6 months from the end of the month in which
the ITAT appeal in Patna order was passed. The Tribunal may
also rectify a mistake on its own motion within the same period.
Common grounds for a Section 254(2) MA in an ITAT appeal in
Patna include:
- A ground raised in the ITAT appeal in Patna that was not adjudicated.
- A factual or legal error apparent on the face of the ITAT appeal in Patna order.
- An ex parte order passed without notice or without a reasonable opportunity of hearing.
- A mismatch between the grounds recorded and the findings given in the ITAT appeal in Patna.
Section 260A — appeal to Patna High Court from an ITAT appeal in Patna
An appeal under Section 260A lies to the Patna High Court against an order
of the ITAT, but only on a substantial question of law.
The Patna High Court has clarified that the scope of interference under
Section 260A is confined to substantial questions of law and that findings
of fact recorded in the ITAT appeal in Patna are ordinarily
final.
In Rajnandani Projects v. PCIT, the Patna High Court held that the
taxpayer must establish the identity of the creditor, the genuineness of
the transaction and the creditworthiness of the creditor under Section 68.
The Court further held that non-filing of an income tax return by the
lender is not, by itself, sufficient to sustain a Section 68 addition where
the loan is routed through banking channels — a ruling frequently relied on
in an ITAT appeal in Patna.
SLP to the Supreme Court from an ITAT appeal in Patna
Where the Patna High Court decides a Section 260A appeal against the
taxpayer, a Special Leave Petition (SLP) may be filed before the Supreme
Court under Article 136 of the Constitution. An SLP from an ITAT
appeal in Patna is entertained only where a substantial question
of law of general importance arises or where there is a clear miscarriage
of justice.
Remedies after an ITAT appeal in Patna order| Remedy | Provision | Limitation | Forum |
|---|
| Rectification of ITAT appeal in Patna order | Section 254(2) | 6 months from end of month of order | ITAT Patna Bench |
| Appeal from ITAT appeal in Patna order | Section 260A | 120 days from receipt of order | Patna High Court |
| SLP from High Court order | Article 136 | 90 days from High Court order | Supreme Court |
Gap this hub fills — post-ITAT appeal in Patna remedies
Competitor pages rarely explain the Section 254(2)
rectification route or the Section 260A appeal after an
ITAT appeal in Patna. This ITAT appeal in Patna hub
covers both — including the six-month MA limitation, the substantial
question of law test and the Patna High Court's Section 260A
jurisprudence — so the taxpayer knows the next step after the
ITAT appeal in Patna order.
ITAT appeal in Patna order received?
Get a same-day assessment of Section 254(2) and Section 260A options from Kankarbagh.
Get AssessmentPractical checklist before filing an ITAT appeal in Patna
- Obtain the certified copy of the CIT(A) order being appealed against in the ITAT appeal in Patna.
- Note the date of communication — the 60-day ITAT appeal in Patna limitation runs from this date.
- Collect the original assessment order and the notice of demand under Section 156.
- Identify the additions or disallowances to be challenged in the ITAT appeal in Patna.
- Draft the grounds of appeal for the ITAT appeal in Patna — specific to each addition.
- Prepare the statement of facts for the ITAT appeal in Patna.
- Compute the ITAT filing fee based on the disputed income.
- Register on the ITAT e-Filing Portal for ITAT filing.
- Compile the paper book with supporting evidence and case law.
- Assess whether a Section 254(2A) stay application should be filed with the ITAT appeal in Patna.
- Complete ITAT filing within the 60-day window for your ITAT appeal in Patna.
- Preserve acknowledgment, e-filing receipts and the ITAT appeal in Patna registration number.
Prefer the chamber to run this ITAT appeal in Patna checklist for you?
Every item is part of the standard engagement for an ITAT appeal in Patna with this Patna chamber.
Engage the ChamberFrequently Asked Questions — ITAT appeal in Patna and ITAT filing
What is an ITAT appeal in Patna?
An ITAT appeal in Patna is the second appeal in the income tax
appellate hierarchy, filed before the Income Tax Appellate Tribunal
under Section 253 of the Income Tax Act. For Bihar taxpayers, the ITAT
appeal in Patna is heard by the ITAT Patna Bench. An ITAT appeal in
Patna can arise from a CIT(A) order on assessment, penalty or a
Section 263 revision.
What is the time limit for filing an ITAT appeal in Patna?
An ITAT appeal in Patna under Section 253 must ordinarily be filed
within 60 days of communication of the CIT(A) order. The ITAT has
discretion under Section 253(5) to condone delay in an ITAT appeal in
Patna on sufficient cause. However, the safe practice is to complete
ITAT filing within the 60-day window.
What is Form 36 in an ITAT appeal in Patna?
Form 36 is the prescribed memorandum of appeal for an ITAT appeal in
Patna under Section 253. The ITAT filing of Form 36 must be
accompanied by grounds of appeal, statement of facts, the CIT(A)
order, the assessment order and the ITAT filing fee. From 1 October
2026, ITAT filing for your ITAT appeal in Patna must be completed
through the ITAT e-Filing Portal.
What is the ITAT filing fee for an ITAT appeal in Patna?
The ITAT filing fee for an ITAT appeal in Patna is prescribed under
the Income-tax (Appellate Tribunal) Rules, 1963. Where the assessed
income does not exceed ₹1,00,000, the fee is ₹500. Where it exceeds
₹1,00,000 but does not exceed ₹2,00,000, the fee is ₹1,500. Where it
exceeds ₹2,00,000, the fee for your ITAT appeal in Patna is 1% of the
assessed income, subject to a maximum of ₹10,000.
Can I file an ITAT appeal in Patna online?
Yes. From 1 October 2026, ITAT filing of all memoranda of appeal —
including Form 36 for an ITAT appeal in Patna — is mandatory through
the ITAT e-Filing Portal at itat.gov.in/efiling. Physical filing at
the ITAT Patna Bench registry has been discontinued for new matters.
What is the pre-deposit for stay of demand in an ITAT appeal in Patna?
Under Section 254(2A), the ITAT may grant stay of demand pending an
ITAT appeal in Patna subject to a pre-deposit of not less than 20% of
the disputed tax, interest, fee or penalty. The initial stay is up to
180 days, extendable to 365 days in aggregate. The ITAT Patna Bench
has applied this provision in recent stay applications during ITAT
appeals in Patna.
What is the ITAT Patna Bench address for filing an ITAT appeal in Patna?
The ITAT Patna Bench is located at the Central Revenue Building, 5th
Floor (Annexe), Bir Chand Patel Path, Patna – 800001. Email:
patna.bench@itat.nic.in. This is the designated Bench for every ITAT
appeal in Patna.
Can cross-objections be filed in an ITAT appeal in Patna?
Yes. Under Section 253(4), where an ITAT appeal in Patna has been
filed by one party, the other party may file cross-objections within
30 days of receipt of the notice of the ITAT appeal in Patna, or
within such further time as the Tribunal may allow. Cross-objections
are a strategic tool in an income tax tribunal appeal.
What happens after the ITAT appeal in Patna order?
Two remedies follow an ITAT appeal in Patna order. A Miscellaneous
Application for rectification under Section 254(2) can be filed
within 6 months from the end of the month of the ITAT appeal in Patna
order. An appeal under Section 260A lies to the Patna High Court on a
substantial question of law, within 120 days of receipt of the ITAT
appeal in Patna order.
How do I engage an ITAT appeal in Patna lawyer?
Send the CIT(A) order, statement of facts and grounds of appeal by
WhatsApp or email to the chamber. A same-day acknowledgment is issued,
followed by a short assessment call. A written scope and fee note for
your ITAT appeal in Patna is provided before ITAT filing begins.
Direct chamber access is available at P.C. Colony, Kankarbagh, Patna
– 800020.