Answer

ITR

Filing an appeal after 30 days with condonation

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  1. Facts

    Yes, with an application for condonation of delay. The Commissioner (Appeals) can admit a late appeal if you show sufficient cause, supported by evidence.

  2. Provisions and law

    • Sec 249, Income-tax Act 1961Appeal in Form 35 within 30 days of service of the demand or order, with the fee; delay can be condoned for sufficient cause; tax on returned income must be paid first (2025 Act number to be confirmed).
  3. Analysis

    Good reasons are specific and documented, such as hospitalisation, the order going to a wrong email, or the death of a family member. A delay of 20 days with a hospital certificate is more likely to be condoned than six months without explanation. File as soon as possible and explain each day of delay briefly.

  4. Conclusion

    1. Write down the reason for delay with dates.
    2. Collect proof, such as medical records.
    3. Draft a short condonation application.
    4. File Form 35 with the application.
    5. Argue condonation first at the hearing.

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Appeal to CIT(A), Form 35 (now Form 99)

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