Appeal Memo to CIT explained: this guide covers what Appeal Memo to CIT means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Appeal Memo to CIT(A) — Complete Drafting Guide
Ready-to-use draft reply template for appeal to Commissioner of Income Tax (Appeals) under the Income Tax Act. Includes format, legal references, and compliance notes. Illustrative only — customize based on your specific case facts and professional advice.
Response Deadline: As specified in the notice (typically 15-30 days)
Filing: E-filing portal (incometax.gov.in) → Pending Actions → Response to Notices
When Do You Receive This Notice?
appeal to Commissioner of Income Tax (Appeals) is issued by the Assessing Officer / CPC when Section 246A provisions are triggered. You must respond within the time specified in the notice — failure to respond can result in best judgment assessment, penalty, and prosecution.
Draft Reply
FORM 35 — APPEAL MEMO
Before the Commissioner of Income Tax (Appeals) / JCIT(A)
Appellant: | PAN: | Address:
Assessment Year:
Order Appealed Against: Order under Section [143(3)/147/271(1)(c)/etc.] dated passed by
Tax Effect: Rs.
GROUNDS OF APPEAL:
1. The learned AO erred in law and on facts in .
2. The addition of Rs. under Section is without basis as .
3. The penalty under Section 270A is unjustified as .
PRAYER: The appellant prays that the additions/disallowances be deleted and the assessment be modified accordingly.
Key Compliance Notes
Tips: (a) Be specific in grounds — do not use vague language. (b) Each ground should address one issue. (c) Statement of facts: chronological narrative. (d) Cite relevant case laws for each ground. (e) Attach: assessment order, computation, evidence, case law copies. (f) File online within 30 days.
Documents to Attach
| # | Document | Purpose |
|---|---|---|
| 1 | Copy of the notice received | Reference |
| 2 | Copy of ITR filed for the relevant AY | Proof of filing |
| 3 | Computation of income with supporting schedules | Substantiation |
| 4 | All documentary evidence supporting your position | Evidence |
| 5 | Bank statements, Form 26AS, AIS for the relevant period | Verification |
