Form 35 Appeal in Patna procedure — Section 246A, 30-day limitation and filing
Every Form 35 Appeal in Patna begins with the
income tax Form 35 appeal procedure prescribed under Rule
45 of the Income-tax Rules, 1962. The Form 35 Appeal in Patna
is the prescribed form for an appeal to the Joint Commissioner (Appeals) or
the Commissioner (Appeals) under Section 246A of the Income Tax Act, 1961.
The Form 35 Appeal in Patna must ordinarily be filed
within 30 days of the date of service of the notice of
demand. From 29 May 2023, the income tax Form 35 appeal
procedure is governed by the e-Appeal Scheme, 2023, which mandates
faceless disposal through the e-filing portal.
Form 35 Appeal in Patna — appealable orders
- An intimation under Section 143(1) where the assessee objects to the making of an adjustment.
- An assessment order under Section 143(3) or a best judgment assessment under Section 144.
- A reassessment order under Section 147.
- A penalty order under Section 270A or other penalty provisions.
- An order under Section 154 (rectification).
- A TDS/TCS order under Section 201 or 206C(6A).
Form 35 Appeal in Patna — limitation and exclusions
Form 35 Appeal in Patna — limitation and key dates| Order Type | Limitation Starts From | Period |
|---|
| Assessment or penalty order | Date of service of notice of demand | 30 days |
| TDS under Section 195(1) | Date of payment of tax | 30 days |
| Other orders | Date of service of the order | 30 days |
| Section 146 reopening application | Period from application to service of order excluded | As applicable |
Form 35 Appeal in Patna — fee structure
Form 35 Appeal in Patna — fee structure| Assessed Total Income | Fee |
|---|
| ₹1,00,000 or less | ₹250 |
| More than ₹1,00,000 but up to ₹2,00,000 | ₹500 |
| More than ₹2,00,000 | ₹1,000 |
| Other matters | ₹250 |
Condonation of delay in Form 35 Appeal in Patna
Where the Form 35 Appeal in Patna is filed beyond 30 days,
the CIT(A) may admit the appeal under Section 249(3) if satisfied that the
appellant had sufficient cause for not presenting it within that period.
Gap this hub fills — Form 35 Appeal in Patna procedure
Most competitor pages mention "CIT(A) appeal" without explaining the
income tax Form 35 appeal procedure, the fee structure,
the mandatory e-filing portal or the condonation of delay provisions for
a Form 35 Appeal in Patna.
Received an assessment order in Patna?
Send the complete order and get a same-day Form 35 Appeal in Patna filing strategy note.
Call the ChamberForm 35 appeal documents — complete checklist for your Form 35 Appeal in Patna
Preparing the Form 35 appeal documents correctly is the
foundation of a successful Form 35 Appeal in Patna. The
appeal should be submitted in duplicate with the following documents.
Mandatory Form 35 appeal documents
- Memorandum of appeal — the Form 35 Appeal in Patna itself.
- Statement of facts — the factual background.
- Grounds of appeal — specific grounds for each disputed addition.
- Copy of the order appealed against — the assessment or penalty order.
- Original notice of demand under Section 156.
- Proof of payment of the prescribed Form 35 Appeal in Patna fee.
Supporting Form 35 appeal documents
- Bank statements and ledger extracts relevant to the disputed additions.
- Invoices and purchase/sale records.
- Computation sheets and TDS certificates.
- Contractual agreements and confirmations.
- Form 26AS, AIS and TIS for reconciliation.
- Affidavit in support of condonation, if the Form 35 Appeal in Patna is delayed.
- Vakalatnama or Power of Attorney, if represented.
Gap this hub fills — Form 35 appeal documents checklist
Competitor pages rarely provide a complete Form 35 appeal
documents checklist for a Form 35 Appeal in Patna.
This hub sets out both mandatory and supporting documents.
Need help preparing Form 35 appeal documents?
Send your assessment order for a same-day Form 35 Appeal in Patna document review.
Call the ChamberForm 35 Appeal in Patna e-filing — step-by-step income tax Form 35 appeal procedure
The income tax Form 35 appeal procedure is now entirely
electronic. From 29 May 2023, Form 35 Appeal in Patna
filing must be completed through the Income Tax e-Filing Portal under the
e-Appeal Scheme, 2023.
Step-by-step Form 35 Appeal in Patna e-filing
Login to e-filing portal Step 01
Login to the Income Tax e-Filing Portal at incometax.gov.in with your PAN and password.
Navigate to Form 35 Step 02
Go to e-File → Income Tax Forms → File Income Tax Forms. Select Appeals (Form 35) for your Form 35 Appeal in Patna.
Select assessment year Step 03
Select the applicable assessment year for which the Form 35 Appeal in Patna needs to be filed.
Enter order details Step 04
Select whether the appeal is for an order with DIN or without DIN. Enter the DIN, section, date of order and date of service.
Complete seven columns Step 05
Fill in basic information, order details, pending appeal details, appeal details, taxes paid, statement of facts and grounds, and filing details.
Verify and submit Step 06
Preview the Form 35 Appeal in Patna, e-verify using digital signature or EVC, and note the Transaction ID.
Form 35 Appeal in Patna verification requirements
If the return was e-filed using a digital signature, the Form 35
Appeal in Patna must be verified using a digital signature. If
the return was e-filed using EVC, the Form 35 Appeal in Patna
must be verified using EVC.
Form 35 appeal response — written submissions and hearing strategy
After the Form 35 Appeal in Patna is filed and registered,
the CIT(A) / NFAC issues a notice to file submissions. The Form 35
appeal response is the critical stage where the taxpayer presents
arguments, evidence and case law.
Form 35 appeal response — written submissions
- Point-wise reply to each ground raised in the Form 35 Appeal in Patna.
- Documentary evidence supporting the taxpayer's position.
- Case law and statutory provisions supporting the Form 35 Appeal in Patna.
- Reconciliation of the disputed additions with the return and Form 26AS.
- Reply to the AO's remand report, if any.
Form 35 appeal response — personal hearing
Where the Form 35 Appeal in Patna involves substantial
additions, the taxpayer should expressly request a personal hearing in the
Form 35 appeal response.
Form 35 appeal response — additional evidence under Rule 46A
Where the taxpayer seeks to produce additional evidence in the
Form 35 appeal response, an application under Rule 46A
must be made.
Gap this hub fills — Form 35 appeal response strategy
Competitor pages rarely explain the Form 35 appeal response
stage for a Form 35 Appeal in Patna.
Form 35 Appeal in Patna filed and notice received?
Get a same-day assessment for drafting your Form 35 appeal response.
Engage the ChamberPreconditions for a Form 35 Appeal in Patna — Section 249(4) and stay
Before a Form 35 Appeal in Patna can be admitted, certain
preconditions under Section 249(4) must be satisfied.
Section 249(4) — preconditions for admission
- Where a return has been filed, the assessee has paid the tax due on the income returned.
- Where no return has been filed, the assessee has paid an amount equal to the advance tax liability, unless the CIT(A) admits the appeal for recorded reasons.
Stay of demand under Section 220(6) alongside Form 35 Appeal in Patna
Filing a Form 35 Appeal in Patna does not automatically
stay recovery. A separate application for stay under Section 220(6) must be
filed alongside the Form 35 Appeal in Patna. Under CBDT
Instruction 1914, the AO shall grant stay on payment of 20% of the disputed
demand.
Form 35 Appeal in Patna — pre-deposit and stay| Requirement | Provision | Amount |
|---|
| Tax on returned income | Section 249(4)(a) | As per return |
| Advance tax where no return filed | Section 249(4)(b) | Advance tax liability |
| Stay of demand | Section 220(6) | 20% of disputed demand |
After the Form 35 Appeal in Patna order — rectification and further appeal
Once the CIT(A) disposes of the Form 35 Appeal in Patna,
further remedies may be available depending on the outcome.
Rectification under Section 154 after Form 35 Appeal in Patna
Where a mistake is apparent from the record in the Form 35 Appeal
in Patna order, either party may apply for rectification under
Section 154 within 4 years from the end of the financial year.
Second appeal to ITAT Patna Bench after Form 35 Appeal in Patna
An appeal against the CIT(A) order in the Form 35 Appeal in
Patna lies to the ITAT Patna Bench under Section 253 within 60 days.
Section 260A to Patna High Court after Form 35 Appeal in Patna
From the ITAT order, a further appeal lies to the Patna High Court under
Section 260A on a substantial question of law.