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Appeal Memo to ITAT (Form 36) — Drafting Guide and Template

Draft reply for appeal to Income Tax Appellate Tribunal against CIT(A) order. Template with compliance notes. Illustrative only.

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March 24, 2026
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Mar 24, 2026
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Last updated: March 2026Verified against: Government sources

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.

Illustrative Only
This draft is for educational purposes. Every case has unique facts. Customize with help of your Chartered Accountant or Tax Advocate. TaxClue accepts no liability.
Notice Reference
Section: Section 253
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

, ]

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

#DocumentPurpose
1Copy of the notice receivedReference
2Copy of ITR filed for the relevant AYProof of filing
3Computation of income with supporting schedulesSubstantiation
4All documentary evidence supporting your positionEvidence
5Bank statements, Form 26AS, AIS for the relevant periodVerification
Response Tips
(1) Always respond within the deadline — non-response leads to adverse order. (2) Upload response on e-filing portal under Pending Actions. (3) Keep acknowledgment of submission. (4) Attach ALL supporting documents — incomplete response may be treated as non-response. (5) If time is insufficient, file adjournment request with reasons.
Quick recapKey facts & short answers

Key Facts About Appeal Memo to ITAT

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes Appeal Memo to ITAT end to end for you.

What is Appeal Memo to ITAT?

Appeal Memo to ITAT is an important compliance and legal topic for businesses and individuals in India. This guide explains its meaning, applicability and key requirements in simple language so you can understand and stay fully compliant.

Who needs to know about Appeal Memo to ITAT?

Business owners, startups, professionals, and taxpayers dealing with Appeal Memo to ITAT should understand the applicable rules. Requirements can vary by turnover, entity type and activity, so it is best to confirm your specific case before proceeding.

A penalty is the visible cost of a delay; the lost time and credibility are the larger part.

— TaxClue Compliance Desk

Appeal Memo to ITAT: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

READY DRAFTAppeal Memo to ITAT (Form 36) — Drafting Guide and Template

The memorandum of appeal to the Income Tax Appellate Tribunal in Form No. 36 under Section 253, filed against an order of the CIT(A)/NFAC, together with the grounds of appeal.

FORM No. 36
[See rule 47(1) of the Income-tax Rules, 1962]
Form of appeal to the Appellate Tribunal

IN THE INCOME TAX APPELLATE TRIBUNAL, [___] BENCH, [City]

1.  Appellant                 : [Name]
2.  PAN / TAN                 : [ABCDE1234F]
3.  Assessment Year           : [2024-25]
4.  Order appealed against    : Order u/s 250 dated [date] passed by
    the CIT(A) / NFAC, [DIN ____]
5.  Date of communication     : [date order served]
6.  Address for service of
    notices on Appellant       : [full address / email]
7.  Address for service on
    Respondent                 : The ACIT/ITO, [Ward/Circle], [City]
8.  Respondent                : The [Assessing Officer], [Circle]
9.  Relief claimed in appeal  : Deletion of additions of ₹[______] and
    consequential relief in tax and interest (see grounds below).

GROUNDS OF APPEAL

1. That on the facts and in the circumstances of the case and in law,
   the learned CIT(A) erred in confirming the addition of ₹[______]
   made by the AO u/s 68 of the Income-tax Act, 1961, ignoring the
   confirmations, PAN and bank statements filed by the appellant.

2. That the learned CIT(A) erred in upholding the disallowance of
   ₹[______] u/s 40(a)(ia) even though TDS was deposited before the
   due date of filing the return u/s 139(1).

3. That the learned CIT(A) erred in sustaining the disallowance of
   ₹[______] u/s 14A r.w. Rule 8D in excess of the exempt income
   actually earned of ₹[______].

4. That the learned CIT(A) erred in confirming the levy of interest
   u/s 234A/234B/234C and in not directing the AO to drop penalty
   proceedings u/s 270A.

5. That the appellant craves leave to add, amend, alter or withdraw
   any of the above grounds before or at the time of hearing.

VERIFICATION
I, [Name], son/daughter of [__], the appellant, do hereby declare that
what is stated above is true to the best of my information and belief.

Verified today the [___] day of [Month, Year] at [City].

Signature of Appellant: ______________
[Name / Designation]

Documents enclosed:
  1. Form 36 (in triplicate)  — this memorandum
  2. Two copies of the order u/s 250 appealed against
  3. Two copies of the assessment order u/s 143(3)/147
  4. Two copies of the grounds of appeal filed before CIT(A) (Form 35)
  5. Copy of challan for the appeal fee (Tribunal fee)
  6. Statement of facts / paper book (to be filed separately)
▸ How to use & important notes
  • File in Form 36 under Section 253 within 60 days of the date the CIT(A) order is communicated; a delay needs a condonation petition with affidavit.
  • Appeal fee (Tribunal): ₹500 if assessed income ≤ ₹1,00,000; ₹1,500 if ≤ ₹2,00,000; 1% of assessed income (max ₹10,000) if higher; ₹500 for other matters — pay by challan and attach proof.
  • Draft grounds as concise, self-contained legal propositions ("erred in law/facts in confirming…"); avoid arguments — those go in the paper book/written submissions.
  • File Form 36 in triplicate with two certified copies each of the CIT(A) and AO orders; verify and sign as per Section 140 (director for a company, partner for a firm).

Disclaimer: This is a general-purpose template for reference only. Facts, figures, stamp duty and clauses vary with your situation and state law — have it reviewed before use. Need this professionally drafted, stamped and filed? Talk to a TaxClue expert.

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Disclaimer: This article is for general informational and educational purposes only. Consult a qualified Chartered Accountant, Tax Consultant, or Advocate before acting. TaxClue Consultech Pvt Ltd accepts no liability. All drafts and templates are illustrative only.

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Questions, answered

Short, direct answers to the 7 questions readers ask most on this topic.

Appeal Memo to ITAT is an important compliance and legal topic for businesses and individuals in India. This guide explains its meaning, applicability and key requirements in simple language so you can understand and stay fully compliant.

Business owners, startups, professionals, and taxpayers dealing with Appeal Memo to ITAT should understand the applicable rules. Requirements can vary by turnover, entity type and activity, so it is best to confirm your specific case before proceeding.

Typical documents include PAN, identity and address proof, business registration proof, and any category-specific forms. The exact checklist depends on your situation — TaxClue experts can prepare the correct set for Appeal Memo to ITAT and help you avoid rejections.

The process generally involves preparing documents, filing the correct form on the relevant government portal, paying applicable fees, and tracking status until approval. Following the right sequence for Appeal Memo to ITAT helps avoid delays and penalties.

Yes. Late or non-compliance related to Appeal Memo to ITAT can attract penalties, interest or late fees, and some filings have strict due dates. Staying on schedule protects you from avoidable costs — TaxClue sends timely reminders.

In most cases yes, Appeal Memo to ITAT can be handled online through the official government portal. TaxClue can complete the end-to-end process for you digitally, so you don't have to visit any office.

TaxClue's CA, CS and legal experts handle Appeal Memo to ITAT end to end — eligibility check, documentation, filing, and follow-up. Refer to Income Tax Department for official rules, and contact TaxClue for hands-on, affordable assistance.