Appeal Memo to ITAT explained: this guide covers what Appeal Memo to ITAT 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 ITAT (Form 36) — Drafting Guide and Template
Ready-to-use draft reply template for appeal to Income Tax Appellate Tribunal against CIT(A) order 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 Income Tax Appellate Tribunal against CIT(A) order is issued by the Assessing Officer / CPC when Section 253 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
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ITA No. ___//
Appellant: (PAN: ) | Respondent: ACIT/ITO, Ward
AY: | CIT(A) Order:
GROUNDS OF APPEAL
1. The learned CIT(A) erred in confirming the addition of Rs. made under Section without considering .
2. The learned CIT(A) failed to appreciate that .
3. The appellant craves leave to add, alter, amend, or delete any ground(s) of appeal at or before the hearing.
STATEMENT OF FACTS
| Appellant | Through: | Date:
Key Compliance Notes
Key: (a) File within 60 days of CIT(A) order. (b) Court fee: Rs. 500 (income ≤ Rs. 1L), Rs. 1,500 (Rs. 1-2L), Rs. 1% of assessed income or Rs. 10,000 whichever less (above Rs. 2L). (c) Grounds must be specific — not vague or omnibus. (d) Department can file cross-objections within 30 days of receiving notice. (e) Written submissions + oral arguments at hearing. (f) ITAT is the last fact-finding body — findings of fact are final.
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 |
