Skip to main content

Electronic filing of Appeal before CIT-(A)



Monday, 4 January 2016
Electronic filing of Appeal before CIT-(A)
Ministry of Finance vide press release dated 30/12/2015 has taken another significant step in direction of Digital India. Electronic filing of appeal along with the documents relied upon before CIT (Appeals) will remove human interface, reduce paperwork and decrease the transaction cost for the taxpayer. It would ensure consistent and error free service as validations will be inbuilt resulting in fewer deficient appeals. Online filing will also facilitate fixation of hearing of appeals electronically. 

The existing Form 35 for filing of first appeal is being substituted by a new Form. The new format for filing of appeals is more structured, objective, systematic, and aligned with the current provisions of the Income-tax Act.

With these changes, the burden of compliance on the taxpayers in appellate proceedings will be significantly reduced. 
http://img1.blogblog.com/img/icon18_wrench_allbkg.png

Introduction: The CBDT has vide press release dated 30.12.2015 made announcement regarding electronic filing of appeal before the Commissioner of Income Tax (CIT (A)). Thereafter, vide notification no. 11/2016 dated 01/03/2016, the concerned rule (i.e., new rule 45 substituted for old rule 45) has been notified.
Object Behind Introducing Electronic Filing : The e filing of appeal has been introduced with the aim of reducing paper work, reducing burden of compliances on tax payers, reducing transaction cost to the tax payers, increasing digitization of Departmental functions, removing human interface, providing efficient and error free services to the tax payers etc. and also to facilitate fixation of hearing of appeal electronically.
Electronic Filing Is Applicable To Whom :    Electronic filing of appeal is mandatory for the persons who are required to file the return of income electronically. The other persons have an option to voluntarily file the appeal electronically or in the paper form.
Liability For Electronic Filing Of Return Is To Be Seen For Which Year : It has not been specifically mentioned in the rules that the mandatory requirement for electronic filing of return is to be seen for the assessment year for which the appeal is to be filed or for the assessment year in which the appeal is being filed. However, from the language of the concerned new rules, it can be logically inferred that the requirement for electronic filing of return for the year for which the appeal is being filed is to be seen. For example, if an appeal for the assessment year 2012-13 is to be filed in the assessment year 2016-17 then the liability for electronic filing of return is to be seen for the assessment year 2012-13.
From Where Electronic Filing Is To Be Made : The appeal can be electronically filed through the website : www. Incometaxindiaefiling.gov.in.
Form In Which Appeal Is To Be Filed : It is to be filed in Form no. 35. The old form (which was also numbered as Form No. 35) has been substituted by new Form No. 35. It is said in the CBDT Press Release that the new form is more structured, objective, systematic and aligned with the current provisions of the Income Tax Act. There are inbuilt validations which will reduce deficiencies in filing of the appeal. But at present, the old form no. 35 is available on www.incometaxindiaefiling.gov.in for e filing.
What is New In New Form No. 35 
(a) The column for filing name and address of appellant have been made more structured.
(b) Now e mail address is also to be given
(c) Now option has been give to select that whether notices / communication may be send to the appellant on e mail.
(d) Now TAN No. is to be given (if available).
(e) Now financial year is to be mentioned where assessment year is not relevant.
(f) In case appeal for any other assessment year / financial year is pending with the CIT(A), now appeal no. and date of filing of that appeal is also to be mentioned.
(g) Where the appeal relates to any assessment, now the specific details of assessed income, addition made to income, disallowance of losses, amount of addition / disallowance of losses disputed and disputed demand amount etc. are to be mentioned.
(h) Where appeal relates to any penalty, now the amount of penalty levied and penalty disputed is to be mentioned.
(i) In cases where return has been filed, now the details of date of filing of return and acknowledgement no. are also to be given.
(j) Where no return has been filed, now the details of BSR Code and Sr. No. are to be given additionally in respect of tax paid equivalent to advance tax amount.
(k) Where appeal relates to tax deductible U/s. 195 borne by deductor, now the BSR Code, Amount, Sr. No. etc. are to be additionally given in respect of tax deposited U/s. 195(1).
(l) Now the list of documentary evidences relied upon is to be given. (
m) Now the list of additional documentary evidences as per Rule 46A, if any, is to be given.
(n) Now the delay in filing of appeal, if any, is to be specifically mentioned.
(o) In case of delay, now the grounds for condonation of delay are to be mentioned.
(p) now the BSR Code, Date of Payment, Sr. No. and amount are to be given in respect of appeal fees paid.
Requisities For Filing Of Appeal (New Format):    Whenever new form no. 35 will be hosted on website- (a) Duly filled in new Form No. 35. The grounds of appeal and statement of facts are to be filled in relevant columns in form no. 35 itself. The statement of facts should not exceed 1000 words. Each ground of appeal should not be of more than 100 words. (b) Scanned copies of order appealed against, Notice of demand and challan for appeal fees are to be attached. These attachments should be in pdf / zip format. All the attachments in total should not exceed 50mb in size.
Requirement Of Digital Signatures : (a) If the return form has been furnished electronically under the Digital Signatures, then form no. 35 will also have to be filed electronically under Digital Signatures. (b) If the return has been furnished electronically without Digital Signatures, then form no. 35 will have to filed electronically through the electronic verification code. (c) Where the e filing of form no. 35 is not mandatory, but is being e filed optionally, then it can be filed either under Digital Signatures or through Electronic Verification Code (as per convenience).
Facility For Saving Draft, Editing Etc. : The Form No. 35 can be directly filled and submitted on the website www.incometaxindiaefiling.gov.in. Alternatively it can be filled fully / partly and the draft appeal can be saved for later filing after completion, checking, editing etc.
Procedure For E Filing : The procedure for e filing in old form no. 35 as available on e filing portal is (Most probably substantially same procedure with some modifications will be there when new form no. 35 will be displayed for e filing) :
(i) first login to user account on the website : incometaxindiaefiling.gov.in.
(ii) secondly, go to menu e-File Prepare and Submit Online Form (Other Than ITR)
(iii) Then in the window that appears, the PAN will be prefilled. Then under the “Form Name” select “35”, then under the “Assessment Year”, select the assessment year for which the appeal is to be filed.
(iv) Then instructions, Form No. 35, Verification and attachment menu will be displayed. Then one can further proceed for e filing as per the self explanatory procedure.
Some Aspects Regarding Filing Of Appeal In Presently Available Format i.e., Old Form No. 35 : (a) In the instructions mentioned for e filing in old form no. 35 presently hosted on website, several impracticable / irrelevant requirements (applicable for paper form) have been mentioned e.g., notice of demand is to be attached in original, memorandum of appeal and grounds of appeal and statements of facts are to be attached in duplicate etc. (b) Details of pending appeals for other assessment years are to be given. They may be for more than one assessment year but in the available space details of only one assessment year can be given. (c) No requirement for electronic verification code or Digital Signature requirement is appearing before submission of form. Presently, one can submit the form directly.
Conclusion : The e filing of appeals before the CIT(A) is a good step towards digitization, removal of human interface and related problems. It will also surely save time and resources of the tax payers. On success, the same should be further extended.

- See more at: http://taxguru.in/income-tax/electronic-filing-appeal-commissioner-income-tax-appeals.html#sthash.eBg5a3ok.dpuf


Monday, 4 January 2016
Electronic filing of Appeal before CIT-(A)
Ministry of Finance vide press release dated 30/12/2015 has taken another significant step in direction of Digital India. Electronic filing of appeal along with the documents relied upon before CIT (Appeals) will remove human interface, reduce paperwork and decrease the transaction cost for the taxpayer. It would ensure consistent and error free service as validations will be inbuilt resulting in fewer deficient appeals. Online filing will also facilitate fixation of hearing of appeals electronically. 

The existing Form 35 for filing of first appeal is being substituted by a new Form. The new format for filing of appeals is more structured, objective, systematic, and aligned with the current provisions of the Income-tax Act.

With these changes, the burden of compliance on the taxpayers in appellate proceedings will be significantly reduced. 
http://img1.blogblog.com/img/icon18_wrench_allbkg.png

Introduction: The CBDT has vide press release dated 30.12.2015 made announcement regarding electronic filing of appeal before the Commissioner of Income Tax (CIT (A)). Thereafter, vide notification no. 11/2016 dated 01/03/2016, the concerned rule (i.e., new rule 45 substituted for old rule 45) has been notified.
Object Behind Introducing Electronic Filing : The e filing of appeal has been introduced with the aim of reducing paper work, reducing burden of compliances on tax payers, reducing transaction cost to the tax payers, increasing digitization of Departmental functions, removing human interface, providing efficient and error free services to the tax payers etc. and also to facilitate fixation of hearing of appeal electronically.
Electronic Filing Is Applicable To Whom :    Electronic filing of appeal is mandatory for the persons who are required to file the return of income electronically. The other persons have an option to voluntarily file the appeal electronically or in the paper form.
Liability For Electronic Filing Of Return Is To Be Seen For Which Year : It has not been specifically mentioned in the rules that the mandatory requirement for electronic filing of return is to be seen for the assessment year for which the appeal is to be filed or for the assessment year in which the appeal is being filed. However, from the language of the concerned new rules, it can be logically inferred that the requirement for electronic filing of return for the year for which the appeal is being filed is to be seen. For example, if an appeal for the assessment year 2012-13 is to be filed in the assessment year 2016-17 then the liability for electronic filing of return is to be seen for the assessment year 2012-13.
From Where Electronic Filing Is To Be Made : The appeal can be electronically filed through the website : www. Incometaxindiaefiling.gov.in.
Form In Which Appeal Is To Be Filed : It is to be filed in Form no. 35. The old form (which was also numbered as Form No. 35) has been substituted by new Form No. 35. It is said in the CBDT Press Release that the new form is more structured, objective, systematic and aligned with the current provisions of the Income Tax Act. There are inbuilt validations which will reduce deficiencies in filing of the appeal. But at present, the old form no. 35 is available on www.incometaxindiaefiling.gov.in for e filing.
What is New In New Form No. 35 
(a) The column for filing name and address of appellant have been made more structured.
(b) Now e mail address is also to be given
(c) Now option has been give to select that whether notices / communication may be send to the appellant on e mail.
(d) Now TAN No. is to be given (if available).
(e) Now financial year is to be mentioned where assessment year is not relevant.
(f) In case appeal for any other assessment year / financial year is pending with the CIT(A), now appeal no. and date of filing of that appeal is also to be mentioned.
(g) Where the appeal relates to any assessment, now the specific details of assessed income, addition made to income, disallowance of losses, amount of addition / disallowance of losses disputed and disputed demand amount etc. are to be mentioned.
(h) Where appeal relates to any penalty, now the amount of penalty levied and penalty disputed is to be mentioned.
(i) In cases where return has been filed, now the details of date of filing of return and acknowledgement no. are also to be given.
(j) Where no return has been filed, now the details of BSR Code and Sr. No. are to be given additionally in respect of tax paid equivalent to advance tax amount.
(k) Where appeal relates to tax deductible U/s. 195 borne by deductor, now the BSR Code, Amount, Sr. No. etc. are to be additionally given in respect of tax deposited U/s. 195(1).
(l) Now the list of documentary evidences relied upon is to be given. (
m) Now the list of additional documentary evidences as per Rule 46A, if any, is to be given.
(n) Now the delay in filing of appeal, if any, is to be specifically mentioned.
(o) In case of delay, now the grounds for condonation of delay are to be mentioned.
(p) now the BSR Code, Date of Payment, Sr. No. and amount are to be given in respect of appeal fees paid.
Requisities For Filing Of Appeal (New Format):    Whenever new form no. 35 will be hosted on website- (a) Duly filled in new Form No. 35. The grounds of appeal and statement of facts are to be filled in relevant columns in form no. 35 itself. The statement of facts should not exceed 1000 words. Each ground of appeal should not be of more than 100 words. (b) Scanned copies of order appealed against, Notice of demand and challan for appeal fees are to be attached. These attachments should be in pdf / zip format. All the attachments in total should not exceed 50mb in size.
Requirement Of Digital Signatures : (a) If the return form has been furnished electronically under the Digital Signatures, then form no. 35 will also have to be filed electronically under Digital Signatures. (b) If the return has been furnished electronically without Digital Signatures, then form no. 35 will have to filed electronically through the electronic verification code. (c) Where the e filing of form no. 35 is not mandatory, but is being e filed optionally, then it can be filed either under Digital Signatures or through Electronic Verification Code (as per convenience).
Facility For Saving Draft, Editing Etc. : The Form No. 35 can be directly filled and submitted on the website www.incometaxindiaefiling.gov.in. Alternatively it can be filled fully / partly and the draft appeal can be saved for later filing after completion, checking, editing etc.
Procedure For E Filing : The procedure for e filing in old form no. 35 as available on e filing portal is (Most probably substantially same procedure with some modifications will be there when new form no. 35 will be displayed for e filing) :
(i) first login to user account on the website : incometaxindiaefiling.gov.in.
(ii) secondly, go to menu e-File Prepare and Submit Online Form (Other Than ITR)
(iii) Then in the window that appears, the PAN will be prefilled. Then under the “Form Name” select “35”, then under the “Assessment Year”, select the assessment year for which the appeal is to be filed.
(iv) Then instructions, Form No. 35, Verification and attachment menu will be displayed. Then one can further proceed for e filing as per the self explanatory procedure.
Some Aspects Regarding Filing Of Appeal In Presently Available Format i.e., Old Form No. 35 : (a) In the instructions mentioned for e filing in old form no. 35 presently hosted on website, several impracticable / irrelevant requirements (applicable for paper form) have been mentioned e.g., notice of demand is to be attached in original, memorandum of appeal and grounds of appeal and statements of facts are to be attached in duplicate etc. (b) Details of pending appeals for other assessment years are to be given. They may be for more than one assessment year but in the available space details of only one assessment year can be given. (c) No requirement for electronic verification code or Digital Signature requirement is appearing before submission of form. Presently, one can submit the form directly.
Conclusion : The e filing of appeals before the CIT(A) is a step forward towards Digital India.

Comments

  1. This information is astonishing; I am persuaded with your post making style and how perseveringly you portray this subject. In the wake of scrutinizing your post, an obligation of appreciation is all together for putting aside the push to analyze this, I feel happy about it and I love contemplating introduction. Business Tax Software in Canada

    ReplyDelete

Post a Comment

Popular posts from this blog

Blog # 26. Concept of Real Income under the Income Tax Act, 1961

  What is Income ? Before understanding the concept of Real Income, it shall be important to go through the the term “Income” and “Real”. Income is defined under S.2(24) of the Income Tax Act, 1961(Hereinafter referred as “the Act”). The definition as provided under the Act is an inclusive definition so as to cover up all the usual as well as unusual items, however it certainly does not define it in a way that we can be said it to be precise. The same can be understood by various Judge Made Laws. The first and the lead amongst them is a Privy Council Judgment in the case of Kamakshya Narain   Singh CIT 11 ITR 513 (PC)         Facts The assesse was a “Raja” gave mining lease and He received payments by way of royalty for coal mines leased out to various lessees. The case of the Assessee was that this royalty income received by the Assessee was nothing but the recoupment of the resources which shall be exhausted by the end of the lease and thus the same was not income bu

Blog # 20. S.53A of the Transfer of Property Act, 1882 and Related Laws

Section 53A of the Transfer of Property Act. 1882 is as under :- “53A. Part performance. – Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any pat thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that [***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons

Blog # 28. Principles of Natural Justice In Indian Constitution

In The Constitution of India, nowhere the expression Natural Justice is used. However, golden thread of natural justice sagaciously passed through the body of Indian constitution. Preamble of the constitution includes the words, ‘Justice Social, Economic and political’ liberty of thought, belief, worship... And equality of status and of opportunity, which not only ensures  fairness in social and economical activities of the people but also acts as shield to individuals liberty against the arbitrary action which is the base for principles of Natural Justice. Apart from preamble Art 14 ensures equality before law and equal protection of law to the citizen of India. Art 14 which strike at the root of arbitrariness and Art 21 guarantees right to life and liberty which is the fundamental provision to protect liberty and ensure life with dignity. Art 22 guarantees natural justice and provision of fair hearing to the arrested person. Directive principles of state Policy specially Art 39-A tak