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Income Tax Appeal Form 35 and CIT(A) Guide
AppealsAppellate Guide

Income Tax Appeal Before CIT(A): Form 35, Limitation, Grounds & Practical Guide

How to challenge wrongful tax assessment orders, draft Grounds of Appeal, and file Form 35 online.

A comprehensive legal guide on filing Income Tax appeals in Form 35 before CIT(Appeals), including limitation deadlines, drafting grounds of appeal, and stay of demand guidelines.

Adv. Sachin Kumar Mishra(Advocate & Tax Consultant)
8 min read
13/08/2026

Quick Answer

Verified Summary

If an Assessing Officer makes wrongful additions or imposes penalties, a first appeal lies before CIT(Appeals) / JCIT(Appeals) in electronic Form 35. The appeal must be filed within 30 days of receiving the assessment order, accompanied by a precise Statement of Facts and Grounds of Appeal.

Critical Rule: Strictly adhere to the 30-day limitation period. Filing a Stay of Demand petition under Section 220(6) protects against bank attachment.

1. First Appeal Statutory Framework (Section 246A / Form 35)

01

Appealable Orders

Orders under Sections 143(3) scrutiny, 144 best judgment, 147 reassessment, and 270A penalties.

02

30-Day Limitation

Appeal must be submitted online within 30 days from date of receipt of notice of demand (Form 7).

03

Grounds of Appeal

Concise, numbered legal arguments challenging specific additions made by the Assessing Officer.

04

Stay of Demand

Apply under Section 220(6) or to CIT(A) for stay upon deposit of 20% disputed tax under CBDT guidelines.

Frequently Asked Questions (FAQs)

Clear answers to common client questions

An appeal filed after 30 days requires a formal Condonation of Delay application detailing genuine, sufficient cause supported by an affidavit and evidence. CIT(A) has discretionary power to condone delay.

Need to File an Income Tax Appeal?

Consult Adv. Sachin Kumar Mishra for drafting Grounds of Appeal, Form 35 filing, and faceless CIT(A) appellate proceedings.

Disclaimer: This guide provides general legal information. For specific appellate proceedings, consult SKM Laws & Associates.

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