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Section 362 of Income-tax Act 2025 — Appeals to the Appellate Tribunal

Section 362 of the Income-tax Act, 2025 lists the orders appealable to the Tribunal and sets the limitation as two months from the end of the month in which the order is...

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Income Tax
Published
September 5, 2026
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Sep 5, 2026
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Last updated: September 2026Applies to: FY 2026-27 (AY 2027-28)Verified against: Government sources

What section 362 does

Section 362 is the second appeal — the successor to section 253 of the Income-tax Act, 1961. It sets out who may appeal, against which orders, and by when.

The limitation is worth noting carefully because the drafting has changed. The old Act allowed sixty days from the date of communication; the new Act allows two months from the end of the month in which the order is communicated. That is a clearer and generally slightly longer period, and it is computed from a month end rather than a date.

The right of appeal runs both ways. Sub-section (2) allows the Principal Commissioner or Commissioner, if he objects to an order of the Commissioner (Appeals) or Joint Commissioner (Appeals), to direct the Assessing Officer to appeal. And sub-section (4) gives the respondent a memorandum of cross-objections within thirty days.

When this applies

The Income-tax Act, 2025 takes effect from 1 April 2026 and applies from tax year 2026-27. The Income-tax Act, 1961 continues to govern every year up to 31 March 2026, including assessments, appeals and penalties for those years, because of the repeal and savings provision in section 536. Figures quoted here are the amounts written into the Act as enacted (with the Gazette corrigenda of 3 September 2025); the annual Finance Act can change rates and thresholds.

Old Act and new Act, side by side

The table below shows what the Income-tax Act, 1961 did and where the same ground is covered in the Income-tax Act, 2025.

Income-tax Act, 1961What it didIncome-tax Act, 2025
253(1)Orders appealable to the Tribunal362(1)
253(2)Departmental appeal on the Commissioner's direction362(2)
253(3)Limitation — now two months from the end of the month362(3)
253(4)Memorandum of cross-objections within thirty days362(4)
246AFirst appeal357
249Form, fee and limitation for the first appeal358
260AAppeal to the High Court365

Section 362 sub-section by sub-section

Read this alongside the bare text — each heading below is a sub-section of the section as enacted.

Sub-section (1) — what can be appealed

An aggrieved assessee may appeal against: (a) an order of a Commissioner (Appeals) or Joint Commissioner (Appeals); (b) an order of a Principal Commissioner or Commissioner under sections 332(7), (8) or (9), 351(2)(ii) or 354(3) — the non-profit registration provisions — or under section 377 (revision prejudicial to revenue), section 439 (under-reporting penalty) or section 465, and section 287 amendments of such orders; (c) an order of a Principal Chief Commissioner, Chief Commissioner, Principal Director General, Director General, Principal Director or Director under section 377 or 465; (d) an order of an Assessing Officer under section 270(10) or 279 pursuant to Dispute Resolution Panel directions; (e) an order under section 270(10) or 279 with the approval referred to in section 274(12); and (f) an order under section 234(4).

Sub-section (2) — the departmental appeal

The Principal Commissioner or Commissioner may, if he objects to any order passed by the Joint Commissioner (Appeals) or Commissioner (Appeals), direct the Assessing Officer to appeal to the Tribunal. The department's appeal is therefore filed by the Assessing Officer on a direction, not by the Commissioner personally.

Sub-section (3) — two months from the end of the month

Every appeal must be filed within two months from the end of the month in which the order is communicated to the assessee or to the Principal Commissioner or Commissioner. Because the clock starts at a month end, an order communicated on 3 June and one communicated on 28 June share the same due date.

Sub-section (4) — cross-objections

On receiving notice that the other party has appealed, the Assessing Officer or the assessee may — irrespective of not having appealed themselves — file a memorandum of cross-objections within thirty days of receipt of the notice, verified as prescribed, against any part of the order. This lets a party who was content to let the matter rest defend or attack other findings once the dispute is reopened by the other side.

Where the appeal goes next

From the Tribunal, an appeal on a substantial question of law lies to the High Court under section 365, to be heard by not less than two judges under section 366, and thence to the Supreme Court under section 367. Orders of the Tribunal itself are dealt with in section 363 and its procedure in section 364.

Worked example

An order of the Commissioner (Appeals) is communicated on 14 September 2029.

StepProvisionDate
Limitation for the Tribunal appealTwo months from the end of September 2029 — section 362(3)30 November 2029
If the department appeals instead and notice is received on 20 November 2029Cross-objections within thirty days — section 362(4)20 December 2029
Further appeal on a substantial question of lawSection 365To the High Court

Contrast the old computation: sixty days from 14 September 2029 would have expired on 13 November 2029. The new formulation gives until 30 November — the month-end start point is a real, if modest, difference and should be built into diary systems rather than assumed to be the same as before.

Note also the value of the cross-objection. A taxpayer who won on three grounds and lost on one may accept the order; but if the department appeals the three it lost, the taxpayer can raise the fourth by cross-objection without having filed its own appeal.

Compliance checklist and due dates

  • Compute limitation as two months from the end of the month of communication, not sixty days from the date.
  • Check whether the order is one listed in sub-section (1); orders of the Commissioner under sections 377, 439 and 465 are appealable directly to the Tribunal.
  • Where the other side appeals, consider a memorandum of cross-objections within thirty days even if you did not appeal.
  • For Dispute Resolution Panel cases, note that the appeal lies against the Assessing Officer's order under section 270(10) or 279 passed pursuant to the directions — clause (1)(d).
  • Keep evidence of the date of communication of the order; it starts the clock.
  • Plan the further route: High Court under section 365 on a substantial question of law.

Common mistakes

  • Applying a sixty-day limitation carried over from section 253 of the old Act.
  • Missing the cross-objection window of thirty days from receipt of notice of the other party's appeal.
  • Appealing a revision order under section 378 to the Tribunal — sub-section (1)(b)(ii) lists section 377, the revenue-favouring revision, not section 378.
  • Overlooking that the department's appeal is filed by the Assessing Officer on the Commissioner's direction.
Please note

This is an explanatory guide, not tax advice, and it does not reproduce the section in full. Read the bare text of the section before you rely on it, and check for later amendments, the Income-tax Rules made under the new Act, and CBDT circulars and notifications.

Related Guides

Quick recapKey facts & short answers

Key Facts About Section 362 of Income

  • 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 the entire process end to end for you.

What is the time limit for a Tribunal appeal under the Income-tax Act, 2025?

Two months from the end of the month in which the order is communicated — section 362(3).

Which section replaces section 253?

Section 362 of the Income-tax Act, 2025 — appeals to the Appellate Tribunal.

Keep your documents in an order a stranger could follow — one day an officer or auditor will have to.

— TaxClue Compliance Desk

Section 362 of Income: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Two months from the end of the month in which the order is communicated — section 362(3).

Section 362 of the Income-tax Act, 2025 — appeals to the Appellate Tribunal.

Yes. Section 362(4) allows a memorandum of cross-objections within thirty days of receiving notice of the other party's appeal, irrespective of not having appealed.

Yes. Section 362(2) allows the Principal Commissioner or Commissioner to direct the Assessing Officer to appeal.

Yes, under section 362(1)(b)(ii).

To the High Court under section 365 on a substantial question of law, and thereafter to the Supreme Court under section 367.