ITR
Filing an appeal after 30 days with condonation
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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.
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).
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.
Conclusion
- Write down the reason for delay with dates.
- Collect proof, such as medical records.
- Draft a short condonation application.
- File Form 35 with the application.
- Argue condonation first at the hearing.
A Savvy can do this for you
Appeal to CIT(A), Form 35 (now Form 99)
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