Form 35:Appeal to the Commissioner of Income-tax (Appeals)

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FORM NO. 35
[See rule 45]
Appeal to the Commissioner of Income-tax (Appeals)
Designation of the Commissioner (Appeals)

No._________________ of _______________
Name and address of the appellant
Permanent Account Number
Assessment year in connection with which the appeal is
preferred
Assessing Officer/Valuation Officer passing the order
appealed against Section and sub-section of the Income-tax Act, 1961,
under which the Assessing Officer/Valuation Officer
passed the order appealed against and the date of such
order
Where the appeal relates to any tax deducted under section
195(1), the date of payment of the tax
Where the appeal relates to any assessment or penalty, the
date of service of the relevant notice of demand
In any other case, the date of service of the intimation of
the order appealed against
Section and clause of the Income-tax Act, 1961, under
which the appeal is preferred
Where a return has been filed by the appellant for the
assessment year in connection with which the appeal is
preferred, whether tax due on the income returned has
been paid in full (if the answer is in the affirmative, give
details of date of payment and amount paid)
Where no return has been filed by the appellant for the
assessment year in connection with which the appeal is
preferred, whether an amount equal to the amount of
advance tax payable by him during the financial year
immediately preceding such assessment year has been paid
(If the answer is in the affirmative, give details of date of
payment and amount paid)
‡Relief claimed in appeal
Where an appeal in relation to any other assessment year is
pending in the case of the appellant with any
Commissioner (Appeals), give the details as to the-
(a) Commissioner (Appeals), with whom the appeal is pending;
(b) assessment year in connection with which the appeal has been preferred;
(c) Assessing Officer passing the order appealed against;
(d) section and sub-section of the Act, under which the Assessing Officer passed the order appealed against and the date of such order
Address to which notices may be sent to the appellant
Signed
(Appellant)
‡ STATEMENT OF FACTS
‡ GROUNDS OF APPEAL
Signed
(Appellant)
Form of Verification
I, __________________________________________________________________________, the appellant, do hereby declare that what is
stated above is true to the best of my information and belief.
Place :________________
Date :________________ Signature
Status of appellant
Notes :
1. The form of appeal, grounds of appeal and the form of verification appended thereto shall be signed by a
person in accordance with the provisions of rule 45(2).
2. The memorandum of appeal, statement of facts and the grounds of appeal must be in duplicate and should
be accompanied by a copy of the order appealed against and the notice of demand in original, if any.
3. Delete the inappropriate words.
4. *These particulars will be filled in in the office of the Commissioner (Appeals).
5. †Not to be filled in if the appeal relates to tax deducted under section 195(1).
6. ‡If the space provided herein is insufficient, separate enclosures may be used for the purpose.
7. If appeals are pending in relation to more than one assessment year, separate particulars in respect of each assessment year may be given.
8. The memorandum of appeal shall be accompanied by a fee of,-
(a) where the total income of the assessee as computed by the Assessing Officer in the case to which the appeal relates is one hundred thousand rupees or less, two hundred fifty rupees;
(b) where the total income of the assessee, computed as aforesaid, to which the appeal relates is more than one hundred thousand rupees but not more than two hundred thousand rupees, five hundred rupees;
(c) where the total income of the assessee, computed as aforesaid, in the case to which the appeal relates is more than two hundred thousand rupees, one thousand rupees.
9. The fee should be credited in a branch of the authorised bank or a branch of the State Bank of India or a branch of the Reserve Bank of India after obtaining a challan from the Assessing Officer and a copy of challan sent to the Commissioner of Income-tax (Appeals).