Income tax - Provisions

FAQ   Form 35 is the prescribed form for filing an appeal under Section 246A of the Income Tax Act, 1961 in India. Taxpayers who wish to challenge an order passed by the Income Tax Department can use this form to file an appeal with the Commissioner of Income Tax (Appeals) . Steps to File Form 35 for Income Tax Appeal Eligibility to File Form 35: The form is used by individuals or entities who wish to appeal against an order passed by an Income Tax Officer, Deputy Commissioner, Assistant Commissioner, or Joint Commissioner, in respect of an assessment, penalty, or other specified matters. Documents Required to File Form 35: A copy of the order against which the appeal is being filed (e.g., assessment order, penalty order, rectification order). Proof of payment of the appeal fee (if applicable). Supporting documents like acknowledgment of the return filed, financial statements , and any additional evidence related to the appeal. A statement of facts explaining...

  Section 246A of the Income Tax Act, 1961 (in India) provides for the appeal to the Commissioner (Appeals) by any person aggrieved by certain orders passed under the Act. This provision allows taxpayers to challenge certain decisions or orders by tax authorities that affect them. Here's a brief explanation of Section 246A : Who Can Appeal Under Section 246A? Any person who is aggrieved by the order passed by the tax authorities can file an appeal to the Commissioner of Income Tax (Appeals) . The order must fall under the list of specified orders which can be appealed under this section. Orders That Can Be Appealed Under Section 246A: The appeal under this section can be filed against various orders passed by tax authorities, including: Order of assessment under Section 143(3), Section 144 (Best judgment assessment), etc. Order of penalty under Sections 270A, 271, etc. Order under Section 154 (rectification of mistake). Order under Section 201 (order of the asses...

  Section 139(9) of the Income Tax Act, 1961 deals with the rejection of income tax returns that are not filed in the prescribed format or are incomplete. This section specifically outlines the circumstances under which the Income Tax Department can issue a notice regarding the defective return . Key Provisions of Section 139(9): Defective Return : Under Section 139(9), the Income Tax Officer (ITO) can issue a notice if the income tax return (ITR) filed by a taxpayer is considered defective . A return is considered defective if it does not comply with the prescribed format, lacks necessary details, or if any required attachments or documents are missing. Notification of Defect : If the Income Tax Department believes that the return is defective, the taxpayer is notified through a notice issued under Section 139(9) specifying the defects in the return. The taxpayer is given an opportunity to rectify the mistake or provide the missing information. Time to Recti...

  Section 133(6) of the Income Tax Act, 1961 grants the Income Tax Department the power to gather information from third parties for the purpose of tax investigation. This section is primarily used by tax authorities to issue notices to persons (including banks, financial institutions, and others) to obtain details regarding a taxpayer’s income, assets, or transactions. Key Provisions of Section 133(6) of the Income Tax Act: Power to Collect Information : The section empowers the Assessing Officer (AO) to issue a notice to any person, including a bank, financial institution, or any other individual, to provide information about the taxpayer (either an individual or an entity) that is required for the proper assessment of income. Scope of Information : The notice can demand information related to: Bank accounts Details of financial transactions Investments or income details of a taxpayer Any other information relevant to tax matters that can help assess the in...