Income Tax Appeals

The right to appeal an adverse or erroneous order or adjudication passed by Taxation or Revenue authorities is extremely important and provided for under the relevant laws and rules framed thereunder. Furthermore, this right can also be used to defend/cross-appeal/cross-object (as the case maybe) to orders and adjudications which are subject to ‘Departmental appeals’.

MinusTax’ legal and taxation professionals via the e-medium (i.e. email, skype, whatsapp etc) provide the complete spectrum of services that include —

  • Expert legal assessment and analysis of the order/notice etc. to be appealed against
  • Professionally drafting and filing an income tax appeal before the relevant Appellate Authority (CIT Appeals, ITAT, High Court, SC)
  • Legal representation before the above mentioned Appellate Authorities (optional)
  • Drafting and filing a Stay Application against a Demand Notice before AO/CIT(A) and other necessary Miscellaneous Applications before the relevant Appellate Authority
  • Strategic appeal advisory and litigation support services
  • Drafting and filing a Writ Petition (where appropriate) and legal representation before the jurisdictional High Court (in its Writ jurisdiction)


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Chapter XX of the Income Tax Act 1961 (the Act) contains the necessary provisions with respect to tax appeals and revision before the fact-finding and adjudicating quasi-judicial income tax appellate authorities i.e. the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal (ITAT), as well as the Constitutional Courts (made up of jurisdictional State High Courts and the Supreme Court of India) as the final and apex courts of appeal in taxation law related matters.

 

Income Tax Appellate Authority

The Commissioner of Income Tax (Appeals) or CIT(Appeals) is the first appellate authority and can hear an appeal both on issues of fact finding by the lower income tax authorities (Assessing Officer) as well as questions of law or mixed questions of law and fact.

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Draft and file an income tax appeal to Commissioner of Income Tax (Appeals) or CIT(Appeals) 

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The Income Tax Appellate Tribunal (ITAT) is the second appellate authority and a tax appeal to the ITAT can be filed by an aggrieved party i.e. either by the taxpayer/assessee and/or by the Assessing Officer (AO)/Commissioner of Income Tax, as against an appealable order, usually as passed in appeal by the Commissioner of Income Tax (Appeals).

The ITAT is also the final fact finding quasi-judicial authority and can hear an appeal both on issues of fact finding by the lower income tax authorities including the CIT(Appeals) as well as questions of law or mixed questions of law and fact.

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Draft and file an income tax appeal to the Income Tax Appellate Tribunal (ITAT)

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An income tax appeal lies to the jurisdictional High Court from every order passed in appeal by the Income Tax Appellate Tribunal (ITAT) if the concerned High Court is satisfied that the case involves a substantial question of law.

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Draft and file an income tax appeal/writ petition before the jurisdictional High Court

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An income tax appeal lies to the Hon’ble Supreme Court of India from an order passed in appeal by the concerned High Court in respect of an order earlier passed in appeal by the relevant Income Tax Appellate Tribunal (ITAT), which the High Court certifies to be one fit for appeal to the Supreme Court or through a Special Leave Petition (SLP) where such certificate is denied.

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Draft and file an income tax appeal/writ petition before the Supreme Court of India

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Administrative Help

For administrative assistance and general queries, please feel free to contact via —
Telephone: +91 8800 38 1950
Email: contact@minustax.com

Alternatively, please contact for an appointment and visit our representational office in DLF Phase IV, Gurgaon (click for Google Map directions).

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