How To File A Case Under The Income Tax Act?

How To File A Case Under The Income Tax Act

To file a case under the Income Tax Act in India, follow this detailed step-by-step practical guide:

Step 1: Identify the Nature of the Case

Determine the specific issue you want to address, such as:

1. Disputes regarding assessment orders
2. Appeals against penalties
3. Non-compliance with tax regulations

Documents

Step 2: Gather Necessary Documents

Collect all relevant documents that support your case, including:

1. Copy of the assessment order or notice
2. Previous correspondence with the Income Tax Department
3. Financial statements and tax returns
4. Any other evidence related to your claim

Step 3: Draft the Appeal or Petition

Prepare a formal appeal or petition, which should include:

1. Title: Clearly state the title of the case (e.g., “In the matter of (Your Name) vs. Income Tax Department”).
2. Parties Involved: Name and address of the appellant (you) and the respondent (Income Tax Department).
3. Facts of the Case: A clear and concise statement of facts leading to the appeal.
4. Legal Grounds: Cite relevant sections of the Income Tax Act that support your case.
5. Relief Sought: Clearly state what you are asking the court to do (e.g., overturn an assessment order).

Step 4: File the Appeal

For Appeals to the Commissioner of Income Tax (Appeals):

1. Use Form 35: Download and fill out Form 35 from the Income Tax Department’s website.
2. Submit the Form: File the completed form online through the e-filing portal or in person at the local Income Tax office.
3. Pay the Appeal Fee: Include the requisite fee based on your assessed income. Fees vary; for example:

   ₹250 for total income up to ₹1 lakh

   ₹500 for total income between ₹1 lakh and ₹2 lakhs

 ₹1,000 for income above ₹2 lakhs

If appealing to the Income Tax Appellate Tribunal (ITAT) or higher courts, ensure you follow the specific procedures and forms required for those bodies.

Step 5: Serve Notice to the Respondent

After filing, you must serve a copy of the appeal to the Income Tax Department. This can be done through:

Registered Post:

Send the documents via registered mail.

1. In-Person Delivery: Deliver the documents in person, ensuring to obtain a signature as proof.

Step 6: Attend the Hearing

Once the notice is served, a date for the hearing will be set. Attend the hearing with all relevant documents and be prepared to present your case. 

Be ready to argue your case, presenting evidence and responding to any counter arguments from the Income Tax Department.

Steps After Filing Complaint

Step 7: Await the Decision

After hearing both parties, the appellate authority will issue a judgement based on the evidence and arguments presented. The decision may include orders for compliance, penalties, or other remedies.

Step 8: Compliance with the Order

Once the appellate authority issues its order, ensure compliance with the directives provided. If you are dissatisfied with the decision, you may have the option to appeal to a higher court, such as the High Court or Supreme Court, depending on the pecuniary limits set by the Income Tax Act.