ITR
Appealing an ex parte best judgment order
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Facts
Yes, if you can show sufficient cause. The Commissioner (Appeals) can admit additional evidence when you were prevented from producing it before the officer or were not given enough opportunity.
Provisions and law
- Sec 246A, Income-tax Act 1961 (now Sec 357)A best judgment assessment order can be appealed before the Commissioner (Appeals).
- Rule 46A, Income-tax Rules 1962The Commissioner (Appeals) can admit new evidence if you had sufficient cause for not producing it before the officer or were not given enough opportunity.
Analysis
File Form 35 within 30 days of the demand and attach a separate application for additional evidence explaining why it was not filed before, for example notices went to an old email. The officer gets a chance to examine the new evidence through a remand report. A well-documented appeal often reduces or deletes best judgment additions.
Conclusion
- Download the order and demand notice.
- Draft grounds and a statement of facts.
- Prepare an additional evidence application with reasons.
- File Form 35 within 30 days with the appeal fee.
- Apply for stay of the disputed demand.
A Savvy can do this for you
Best judgment assessment, Sec 144 (now 271)
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