Document
Index

Form 35: How to Download and File Income Tax Appeal Form 35 Online?

By Sujaini Biswas

|

Updated on: May 14th, 2024

|

3 min read

There might be cases in which you might not agree with the order passed by the Assessing Officer regarding your total income. In this case, the best option would be to fill up and submit Form 35 to the Income Tax Department

Section 246A of the Income Tax Act states the list of orders you can appeal against. Some of them are intimations issued under section 143(1), search assessment orders as per section 153A, etc. Keep reading to know what Form 35 is and how to file it. 

What is Form 35 of the Income Tax Act?

Form 35 is available for assessees or deductors aggrieved by any order of an Assessing Officer (AO). They can file an appeal to the Commissioner of Income Tax (Appeals) against any order of the Assessing Officer by submitting a duly filled Form 35. People who need to mandatorily e-file income tax returns can also e-file Form 35. If you do not file your income tax returns online, you can also file Form 35 offline. 

When you are filing Form 35, you need to file your appeal along with a Memorandum of Appeal, provide a statement of facts and explain the ground behind your appeal. Apart from that, your Form 35 should also be accompanied by a copy of the order appealed against the notice of demand.

How to Download Form 35 of Income Tax Act? 

You can file Form 35 on the official e-filing website of the Income Tax Department.  You can also download the offline version of Form 35 from the Income Tax website. You can download Form 35 here.

How to File Form 35 of Income Tax?

You can fill up Form 35 online through the official e-filing portal or by using the offline utility. 

Here are the steps that you can follow if you want to fill up and submit Form 35 online: 

Step 1: Visit the official Income Tax e-filing portal and log in using your user ID and password.

income tax e-filing portal

Step 2: A new page will open. Click on the e-file option from the taskbar. A drop-down menu will open. Click ‘Income Tax Form’ and select the ‘File Income Tax Forms’ option.

e-file option from the taskbar

Step 3: On the ‘File Income Tax Forms’ page, enter Form 35 in the search bar and click on it once the option comes up. 

Form 35 filing

Step 4: Select the Assessment Year and click on ‘Continue’.

Selection of AY for form 35

Step 5: Once a new page opens, click ‘Let’s Get Started’. 

Let’s Get Started

Step 6: Now the Form 35 page will open. On this page, fill in all the necessary details and click the ‘Preview’ button.

 Form 35 page

Step 7: Check all the details on the ‘Preview’ page and click ‘Proceed to E-Verify’.

Preview’ page and click ‘Proceed to E-Verify'

Step 8: A dialogue box for a confirmation to proceed with e-verification will appear on the screen. Click ‘Yes’ here.

dialogue - yes

Step 8: An e-verification page will open where you need to verify the form. After successful verification, a success message will be displayed on the screen along with the Transaction ID and Acknowledgement Number. You need to note these numbers for future reference. 

verification page

You will also receive an email confirmation and SMS confirmation on your mobile number registered with the e-filing portal upon successful submission. 

Form 35 Income Tax Appeal Fees

Fees payable before you file an appeal to the Commissioner of Income Tax (Appeal) depend on your total income calculated by the Assessing Officer (AO). Here is a table mentioning the fees you must pay while submitting Form 35. After payment of the fees, you need to attach the proof of payment along with Form 35. 

Total Income Determined by AO

Appeal Fee

Assessed total income of Rs. 1 lakh or less

Rs. 250

Assessed total income of more than Rs. 1 lakh and up to Rs. 2 lakh

Rs. 500

Assessed total income of more than Rs. 2 lakh 

Rs. 1000

Appeals for any other case

Rs. 250

Final Word

This brings us to the end of this article about Form 35 of Income Tax. Therefore if you do not agree with the order passed by the Assessing Officer concerning additions, reduction of benefits, benefits of losses, exemption etc., you can go ahead with filling up Form 35. However, you must pay the fees before filling up and submitting the form.

Frequently Asked Questions

How to file appeal Form 35 online?

After you log in to the e-filing portal using your credentials, choose the ‘e-file’ option on the taskbar. Select ‘Income Tax Forms’ from the drop-down menu. Select ‘Form No. 35 – Appeal to Commission Appeal’ from the form names in the drop-down menu to open it. Once you fill up all the required information, verify the form and submit the form to raise your appeal. 

How can I check my Form 35 status?

You can check your Form 35 status by using the steps you use to check your ITR filing status. Visit the e-filing portal homepage and log in with your user ID and password. Choose ‘e-File’ from the taskbar, select ‘Income Tax Return’, and then click ‘View Filed Returns’. Once redirected, you can view the status of all the returns you have filed. 

How to file Form 35 on the new Income Tax portal?

You can file Form 35 on the new Income Tax portal by following the steps mentioned below:

  1. Log in to the official Income Tax e-filing portal using your user ID and password.
  2. Click on the e-file option, and from the drop-down menu, select ‘Income Tax Form’ and then ‘File Income Tax Forms’.
  3. Once redirected, search Form 35 on the search box to open it. 
  4. Fill this form with the necessary details and click ‘Preview’. 
  5. Verify the details as prompted. Make sure to note down the transaction ID and Acknowledgement number for future reference. 
What should I fill in Form 35?

Any assessee or deductor aggrieved by an order announced by an Assessing Officer can file an appeal against it. While filling up the form, you need to enter information about the order against which the appeal is being filed, details of the appeal, details of taxes paid, and most importantly, a statement of facts and the grounds of the appeal. After filling up Form 35, you need to submit it before the Commissioner of Income Tax (Appeals) either online or offline.

What are the appeal fees for Form 35?

The fees you need to pay depend on total income as determined by the Assessing Officer. If your assessed total income is Rs. 1 lakh or less, you must pay Rs. 250. If your assessed income is more than Rs. 1 lakh and less than Rs. 2 lakh, you must pay Rs. 500. If your assessed total income is more than Rs. 2 lakh, you must pay Rs. 1000. If you are appealing for any other reason, you need to pay Rs. 250.

Can Form No 35 be revised?

Yes, you can revise the Form 35 application by submitting an offline application to the concerned Commissioner of Income Tax (Appeal).

What is the time limit for Form 35?

An assessee can file an appeal via Form 35 within 30 days from the date of service of the order by the Assessing Officer or demand, whatever the case may be.

What is Rule 45 of income tax?

The provision concerning submitting the form of appeal to the Commissioner of Income Tax (Appeal) has been discussed under Rule 45 of Income Tax Rules. According to this rule, an appeal to the Commissioner of Income Tax (Appeals) must be made by submitting all information related to the order and explaining the ground behind the appeal. 

About the Author

A manager by day and a sloth by night. I enjoy writing on topics like personal finance and investments. With 10 years of experience in fintech, creating content that resonates with readers is my forte. Read more

summary-logo

Quick Summary

Form 35 can be filed against the order passed by the Assessing Officer for total income. It can be filled online/offline. Appeal fees vary based on total income. Download Form 35 from the official e-filing website of Income Tax Department. It requires a Memorandum of Appeal, statement of facts, and a copy of the order. Verify the form electronically and get a Transaction ID and Acknowledgement Number.

Was this summary helpful?
liked-feedbackliked-feedback

Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.

Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.

CAs, experts and businesses can get GST ready with Clear GST software & certification course. Our GST Software helps CAs, tax experts & business to manage returns & invoices in an easy manner. Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Clear can also help you in getting your business registered for Goods & Services Tax Law.

Save taxes with Clear by investing in tax saving mutual funds (ELSS) online. Our experts suggest the best funds and you can get high returns by investing directly or through SIP. Download Black by ClearTax App to file returns from your mobile phone.

Cleartax is a product by Defmacro Software Pvt. Ltd.

Company PolicyTerms of use

ISO

ISO 27001

Data Center

SSL

SSL Certified Site

128-bit encryption