First appeal to CIT(A) (s.246A, Form 35): how to reply
Appeal against an appealable order under s.246A
- Section
- 246A
- Form names
- Form 35, FORM No. 35
- Time to reply
- 30 days from service
- Reply goes on
- FORM NO. 35: Appeal to the Commissioner of Income-tax (Appeals)
What the notice is
Appeal against an appealable order under s.246A
Filed through e-filing portal: Form 35.
Time limit to reply
30 days from service. Set by the statute or rules; counted from service.
- 30 days from service of the order/demand
What the reply must include
- statement of facts kept separate from grounds of appeal
- numbered grounds of appeal, one assertion of error per ground
- verification clause signed per s.140 authorisation
- note to verify the Rule 45A fee slab before filing rather than assuming a figure
- condonation prayer if filed beyond 30 days
Reply outline
Statement of facts (chronological) and grounds of appeal (numbered, one assertion of error per ground) are separate sections, not merged, Form 35 expects both. Have the verification clause signed by the person authorised to sign the return under s.140. Verify the applicable fee slab under Rule 45A before filing, the exact slabs are unverified in this library, so flag the need to confirm rather than stating a figure.
Statement of facts
Chronological narrative of the assessment/order appealed against.
Grounds of appeal
Numbered, one assertion of error per ground.
Verification
Signed and verified by the person authorised to sign the return under s.140 (Rule 45).
Appeal feeOptional
Fee under Rule 45A, tiered by assessed income, confirm the applicable slab before filing; exact slabs unverified in this library.
Prayer
Request the order appealed against be set aside or modified as per the grounds.
FAQs
What is a First appeal to CIT(A) (s.246A, Form 35)?
Appeal against an appealable order under s.246A
What is the time limit to reply to a First appeal to CIT(A) (s.246A, Form 35)?
30 days from service. Set by the statute or rules; counted from service.
How is the reply to a First appeal to CIT(A) (s.246A, Form 35) filed?
On FORM NO. 35: Appeal to the Commissioner of Income-tax (Appeals), through e-filing portal: Form 35.
What should the reply include?
Statement of facts kept separate from grounds of appeal; Numbered grounds of appeal, one assertion of error per ground; Verification clause signed per s.140 authorisation; Note to verify the Rule 45A fee slab before filing rather than assuming a figure; Condonation prayer if filed beyond 30 days.
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This page summarises the notice type for chartered accountants and is not legal advice. Check the notice and the notified text before you file.
