What is an income tax appeal?
An income tax appeal is a statutory proceeding by which a
taxpayer challenges an order passed by an income tax authority before a higher
appellate forum. The right of appeal is not a natural right; it is a statutory
right conferred by the Income Tax Act, 1961 (and continued under the Income Tax
Act, 2025, with the same appellate hierarchy).
The appellate hierarchy is sequential. A taxpayer must ordinarily exhaust the
first appeal before the CIT(A) before filing a second appeal before the ITAT, and
must exhaust the ITAT remedy before filing an appeal under Section 260A before
the High Court. The Patna High Court has consistently held that where an
alternative statutory remedy is available, the writ court will ordinarily decline
to entertain a petition.
For Patna taxpayers, the appellate forums are the JCIT(A)/CIT(A) (and the
National Faceless Appeal Centre for faceless appeals), the ITAT Patna Bench
(which also hears matters through virtual hearings), and the Patna High Court.
Why an income tax appeal matters for Patna taxpayers
- An appeal is the only way to challenge an adverse assessment, penalty or rectification order on merits
- A timely appeal preserves the right to contest the demand at higher forums
- A stay of demand can be sought during the pendency of appeal
- A well-drafted appeal can result in relief without further litigation
- The appellate record becomes the foundation for any subsequent High Court appeal
Appeal against income tax order — which orders can be appealed?
An appeal against income tax order lies against specified orders
under Section 246A of the Income Tax Act, 1961. The following table sets out the
orders commonly appealed and the appropriate forum.
Appeal against income tax order — orders and forums| Order type | Section | Appeal forum |
|---|
| Assessment order | 143(3) | CIT(A) / NFAC under Section 246A |
| Reassessment order | 147 / 148 | CIT(A) / NFAC under Section 246A |
| Best judgment assessment | 144 | CIT(A) / NFAC under Section 246A |
| Penalty order | 270A / 271 / 271D | CIT(A) / NFAC under Section 246A |
| Rectification order | 154 | CIT(A) / NFAC under Section 246A |
| Intimation | 143(1) | CIT(A) / NFAC under Section 246A |
| Order under Section 201 | 201 | CIT(A) / NFAC under Section 246A |
| CIT(A) order | 250 | ITAT under Section 253 |
| ITAT order | 254 | High Court under Section 260A |
Gap this hub fills — order-specific appeal guidance
Most competitor pages mention "income tax appeal" without explaining
which orders are appealable under which section. This hub sets
out the order type, the statutory provision and the correct appellate forum —
so the appeal is filed in the right forum from day one.
CIT(A) appeal — the first appeal against assessment and penalty orders
The first appeal in the income tax appellate chain lies before the Joint
Commissioner (Appeals) or the Commissioner (Appeals) under Section 246A. For most
taxpayers in Patna, the appeal is now processed through the National Faceless
Appeal Centre (NFAC), with the order passed electronically. This is the
CIT(A) appeal.
CIT(A) appeal procedure — step by step
The CIT(A) appeal procedure involves the following steps. The
appeal must be filed electronically in Form 35 on the
Income Tax e-Filing Portal.
- Identify the order to be appealed and the date of service of the notice of demand.
- Confirm the 30-day deadline from the date of service.
- Prepare the statement of facts and grounds of appeal.
- Compile the certified copy of the order, the demand notice and the appeal fee challan.
- File Form 35 on the e-filing portal with all supporting documents.
- Where the appeal is late, file an application for condonation of delay with sufficient cause.
- Track the appeal through the NFAC portal.
- Respond to notices for submissions and attend the hearing if fixed.
- Obtain the CIT(A) order in Form 35 or the faceless appeal order.
CIT(A) appeal — Form 35 and documents
The CIT(A) appeal is filed in Form 35, accompanied by the
following documents. The appeal must be submitted electronically unless the
taxpayer is not required to file the return electronically.
CIT(A) appeal — Form 35 documents and requirements| Item | Requirement |
|---|
| Form | Form 35 — filed electronically on the e-filing portal |
| Limitation | 30 days from service of notice of demand; condonable under Section 249 |
| Documents | Certified copy of the order appealed against; original notice of demand; challan for appeal fee |
| Fee | ₹250 if total income is up to ₹1 lakh; ₹500 if up to ₹2 lakh; ₹1,000 if above ₹2 lakh; ₹250 for other matters |
| Statement of facts | A concise statement of the facts and the grounds of appeal |
| Condonation | Where the appeal is late, an application citing sufficient cause with supporting documents |
Patna High Court on CIT(A) appeal — the authority must decide on merits
The Patna High Court has held in M/s Silverline v. The State of Bihar
(Civil Writ Jurisdiction Case No. 14454 of 2024) that the appellate authority
has a duty and an obligation to examine the grounds raised in the memorandum of
appeal and decide the issue on merits, even if the appeal is heard ex parte.
The Court quashed the appellate order and directed restoration of the appeal
before the appellate authority.
The ITAT Patna Bench has applied the same principle. In Khushbu Singh,
the Tribunal set aside a CIT(A) order passed ex parte on the ground of delay
alone, without affording the assessee any opportunity to be heard, and reaffirmed
that the right to a fair hearing is non-negotiable in tax appellate proceedings.
The Tribunal has also condoned a delay of 590 days in Chanchal Kumar v. ITO,
Ward-6(4), Patna, and a delay of 438 days in Rakesh Kumar v. ITO,
Ward-6(2), Patna, where reasonable cause was shown.
Stay of demand during CIT(A) appeal
During the pendency of a CIT(A) appeal, the taxpayer may apply
for stay of demand. The Assessing Officer or the Principal Commissioner may
grant conditional or blanket stay during the pendency of the appeal. The stay
application must be supported by reasons, including financial hardship and the
strength of the grounds of appeal.
Assessment or penalty order received?
The CIT(A) appeal window is 30 days. Send the order for a same-day assessment.
Engage the ChamberITAT Patna Bench appeal — the second appeal before the Tribunal
Where the CIT(A) appeal is decided against the taxpayer, the second appeal lies
before the Income Tax Appellate Tribunal under Section 253. For taxpayers across
Bihar, the appeal is heard by the ITAT Patna Bench, which also hears matters
through virtual hearings.
ITAT Patna Bench appeal procedure
The appeal is filed in Form 36, ordinarily within 60 days of communication of the
order of the CIT(A). From 1 October 2026, memoranda of appeal must be presented
electronically through the
ITAT e-Filing Portal.
The Tribunal may condone delay on sufficient cause.
ITAT Patna Bench appeal — Form 36 and requirements| Item | Requirement |
|---|
| Form | Form 36 — filed on the ITAT e-filing portal |
| Limitation | 60 days from communication of CIT(A) order; condonable |
| Fee | As prescribed, based on the amount of income disputed |
| Documents | Certified copy of the CIT(A) order; grounds of appeal; statement of facts; Form 35 and grounds filed before CIT(A); paper book |
| Hearing | Physical or virtual, as listed by the Bench |
ITAT Patna Bench — contact and filing
ITAT Patna Bench address: Central Revenue Building, 5th Floor
(Annexe), Bir Chand Patel Path, Patna – 800001. Email:
patna.bench@itat.nic.in
What the ITAT Patna Bench has held recently
The ITAT Patna Bench has developed a body of authority directly relevant to
Patna taxpayers. In Bibi Sahjadi Bano v. ITO, the Tribunal condoned both
a 125-day delay in filing the Tribunal appeal and a 108-day delay in filing the
first appeal, accepting the circumstances involving an elderly assessee's lack of
literacy and computer knowledge, missed electronic communications, dependence on
an internet café operator and health difficulties. The Tribunal applied the
principle that justified delay should yield to substantial justice and remanded
the matter for de novo assessment.
In Assessment on Dissolved Entity Is Void (BSEB, ITA No.14/PAT/2023),
the Tribunal held that an assessment framed in the name of a dissolved entity is
a legal nullity and quashed the rectification order under Section 154, relying on
Supreme Court precedent that such orders are substantively illegal. The Tribunal
also rejected an arbitrary 50% cash addition in a recent ruling and remanded the
matter for cash book verification.
Condonation of delay before the ITAT Patna Bench
The Tribunal has power to condone delay on sufficient cause. In Rakesh
Kumar v. ITO, Ward-6(2), Patna, the Tribunal set aside an ex parte
reassessment and the rejection of condonation of delay, and remitted the matter
to the Assessing Officer for de novo adjudication. The Tribunal has also
condoned a delay of 11 days in Chandra Deep Kumar, observing that the
explanation was reasonable and the delay was condoned in the interest of justice
and fair play.
Patna High Court — Section 260A appeal and Article 226 writ
The Patna High Court exercises two distinct jurisdictions in income tax appeals:
an appeal under Section 260A on a substantial question of law, and writ
jurisdiction under Article 226 against arbitrary action.
Section 260A — appeal on substantial questions of law
An appeal under Section 260A lies to the Patna High Court against an order passed
by the ITAT, but only on a substantial question of law. The appeal must be filed
within 120 days of communication of the ITAT order. The Patna High Court has
clarified that the scope of interference under Section 260A is confined to
substantial questions of law.
In Rajnandani Projects v. PCIT, the Patna High Court held that the ITAT
was not justified in reversing the order of the CIT(A) without demonstrating any
perversity or misreading of evidence. The Court 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 and the creditor's
identity is not in dispute. The Court observed that the ITAT's approach
effectively required the taxpayer to establish the "source of the source" of
funds, which is not contemplated under Section 68.
Article 226 — writ petition against arbitrary action
A writ petition may be maintainable where the assessment or reassessment action
is without jurisdiction, violates natural justice, or is based on material that
does not exist. The Patna High Court has quashed reassessment where the Section
148A(b) notice relied on incorrect bank reporting in Ankit Agarwal v.
Principal Chief Commissioner of Income Tax, and where a Section 143(2)
notice was not issued after a return had been filed in Vandana Kumari
v. PCIT.
Alternative remedy and when the High Court will interfere
The Patna High Court has consistently held that where a statutory remedy of
appeal is available, the writ court will ordinarily decline to entertain a
petition. In Bihar State Hydroelectric Power Corporation Ltd v. NEAC,
the assessee was relegated to the statutory remedy of appeals before the
Commissioner (Appeals) under Section 246A and the Tribunal under Section 253.
The Court has also dismissed income tax appeals due to an unexplained 8-month
delay in DCIT v. Kumar A. S. Construction, emphasising that delay can
be condoned only when the explanation is bona fide.
Patna High Court — filing and status
Income tax action without jurisdiction in Patna?
Get a Patna High Court maintainability assessment.
Get AssessmentIncome tax appeal time limits — all appellate windows
Each stage of the income tax appeal has its own limitation period. The following
table sets out the time limits for filing appeals before each forum.
Income tax appeal time limits — CIT(A), ITAT and High Court| Appeal | Section | Form | Time limit |
|---|
| CIT(A) / JCIT(A) | 246A | Form 35 | 30 days from service of notice of demand |
| ITAT | 253 | Form 36 | 60 days from communication of CIT(A) order |
| High Court — Section 260A | 260A | — | 120 days from communication of ITAT order |
| Supreme Court — SLP | 261 | — | 90 days from High Court order |
| Revision — CIT | 264 | — | 1 year from the date of the order |
| Rectification | 154 | — | 4 years from the end of the financial year |
Condonation of delay
The CIT(A) may condone delay in filing the appeal beyond 30 days if satisfied
that there was sufficient cause under Section 249. The ITAT may condone delay
under Section 253. The High Court may condone delay in a Section 260A appeal on
sufficient cause. In all cases, the taxpayer must file an application for
condonation of delay citing reasons and supporting documents.
CBDT monetary limits for departmental appeals
The CBDT has set monetary limits for departmental appeals under Circular No.
09/2024 dated 17 September 2024. The department generally needs a tax effect of
more than ₹50 lakh to appeal before the ITAT and more than ₹1 crore before a High
Court. These limits affect the practical risk of a departmental appeal and are
relevant when deciding whether to contest a matter further.
Gap this hub fills — time-limit clarity
Most competitor pages mention "appeal" without specifying the deadline. This
hub sets out the section-wise time limits for CIT(A), ITAT and
High Court appeals, the condonation rules, and the CBDT monetary limits — so
the appeal is filed within time and the correct strategy is adopted.
Not sure whether your appeal is within time?
Send the order and the date of service for a same-day limitation assessment.
Call the ChamberFrequently Asked Questions — income tax appeal in Patna
What is an income tax appeal?
An income tax appeal is a statutory proceeding by which a taxpayer challenges
an order passed by an income tax authority before a higher appellate forum.
The appellate hierarchy is: Assessing Officer → JCIT(A)/CIT(A) → ITAT →
High Court → Supreme Court.
Which orders can be appealed against under the Income Tax Act?
Under Section 246A, an appeal lies against assessment orders, reassessment
orders, best judgment assessments, penalty orders, rectification orders,
intimations under Section 143(1) and orders under Section 201. The CIT(A)
order can be appealed before the ITAT under Section 253, and the ITAT order
before the High Court under Section 260A.
What is the time limit for filing a CIT(A) appeal?
The CIT(A) appeal must ordinarily be filed within 30 days from the date of
service of the notice of demand. The CIT(A) may condone delay under Section
249 on sufficient cause.
What is the time limit for filing an ITAT Patna Bench appeal?
The ITAT appeal must ordinarily be filed within 60 days from the date of
communication of the CIT(A) order. From 1 October 2026, appeals must be filed
through the
ITAT e-Filing Portal.
What is the time limit for filing a High Court appeal under Section 260A?
An appeal under Section 260A must be filed within 120 days from the date of
communication of the ITAT order. The High Court may condone delay on
sufficient cause.
What documents are required for a CIT(A) appeal in Form 35?
Form 35 must be accompanied by a certified copy of the order appealed
against, the original notice of demand, proof of payment of the appeal fee,
and the statement of facts and grounds of appeal. The appeal is filed
electronically on the
e-filing portal.
Can a CIT(A) appeal be filed after the 30-day deadline?
Yes, the CIT(A) may condone delay under Section 249 on sufficient cause. An
application for condonation citing reasons and supporting documents must be
submitted along with Form 35. The ITAT Patna Bench has condoned delays of
590 days and 438 days where reasonable cause was shown.
Can a CIT(A) dismiss an appeal without deciding on merits?
No. The Patna High Court has held in M/s Silverline v. The State of
Bihar that the appellate authority has a duty and an obligation to
examine the grounds raised in the memorandum of appeal and decide the issue
on merits, even if the appeal is heard ex parte. The ITAT Patna Bench has
applied the same principle.
What is the difference between a CIT(A) appeal and an ITAT appeal?
A CIT(A) appeal is the first appeal under Section 246A, filed in Form 35
within 30 days of the notice of demand. An ITAT appeal is the second appeal
under Section 253, filed in Form 36 within 60 days of the CIT(A) order. The
taxpayer must ordinarily exhaust the CIT(A) remedy before filing an ITAT
appeal.
Can a writ petition be filed directly against an assessment order?
Ordinarily, no. The Patna High Court has consistently held that where the
statutory remedy of appeal is available, the writ court will decline to
entertain a petition. Exceptions apply where the order is without
jurisdiction or violates natural justice, as in Vandana Kumari v.
PCIT and Ankit Agarwal.
What are the CBDT monetary limits for departmental appeals?
Under CBDT Circular No. 09/2024 dated 17 September 2024, the department
generally needs a tax effect of more than ₹50 lakh to appeal before the ITAT
and more than ₹1 crore before a High Court.
How do I engage an income tax appeal lawyer in Patna?
Send the assessment order, penalty order or CIT(A) order and the demand
notice 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 is
provided before work begins. Direct chamber access is available at P.C.
Colony, Kankarbagh, Patna – 800020.