Appeal to ITAT – An Overview
The Income Tax Appellate Tribunal (ITAT) is a quasi-judicial body established under the Income Tax Act, of 1961 to adjudicate tax disputes in India. Taxpayers who are aggrieved by the orders of the Income Tax Department can file an appeal before the ITAT. The ITAT has been constituted to provide an independent and impartial forum for resolving tax disputes.
Filing an Appeal before the ITAT
A taxpayer can file an appeal before the ITAT against any order passed by the Commissioner of Income Tax (Appeals) or the Assessing Officer. Taxpayers should file the appeal within 60 days from the date of receipt of the order. Taxpayers should file the appeal in the prescribed form and accompany it with the necessary documents and fees.
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Grounds for Appeal
A taxpayer can file an appeal before the ITAT on various grounds, such as:
- Disallowance of expenses
- Addition to income
- Rejection of books of accounts
- The penalty levied by the Income Tax Department
- Disallowance of depreciation
- Denial of deduction under the Income Tax Act
Hearing of Appeal
After taxpayers file the appeal, the ITAT will fix a date for the hearing of the appeal. The taxpayer and the Income Tax Department will be given an opportunity to present their cases before the ITAT. The ITAT may also call for additional information or documents to be produced by either party.
The decision of the ITAT
After hearing the appeal, the ITAT will pass a final order. The order may be in favor of the taxpayer or the Income Tax Department. The ITAT may also remand the case back to the lower authorities for fresh adjudication.
Appeal against the Order of ITAT
If a taxpayer is not satisfied with the order of the ITAT, he/she can file an appeal before the High Court within 120 days from the date of receipt of the ITAT order. Taxpayers can file an appeal to the High Court on a question of law arising out of the ITAT order.
Appeal to The Income Tax Appellate Tribunal (ITAT) is an important mechanism available to taxpayers to resolve tax disputes in an independent and impartial forum. It provides an opportunity for taxpayers to present their cases and obtain a fair and just decision. Taxpayers should make use of this mechanism if they are aggrieved by the orders of the Income Tax Department.