Answer

ITR

Appeal against a scrutiny order

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  1. Facts

    You can appeal to the Commissioner (Appeals) within 30 days of receiving the order, in Form 35 (now Form 99) on the e-Filing portal. The appeal fee depends on the assessed income.

  2. Provisions and law

    • Sec 246A, Income-tax Act 1961 (now Sec 357, Income-tax Act 2025)Orders that can be appealed to the Commissioner (Appeals).
    • Sec 143(3), Income-tax Act 1961 (now Sec 270(10), Income-tax Act 2025)Officer passes a scrutiny assessment order after considering evidence.
  3. Analysis

    Frame grounds for each addition you dispute, and attach the order and your earlier replies. Pay the appeal fee before filing; it ranges from ₹250 to ₹1,000 depending on assessed income. If late, request condonation with reasons. The Commissioner (Appeals) can confirm, reduce or delete additions.

  4. Conclusion

    1. List the additions you disagree with.
    2. Draft grounds of appeal for each.
    3. Pay the appeal fee and file Form 35 online.
    4. Request a stay of demand if needed.

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Scrutiny assessment, Sec 143(2) (now 270(8))

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