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.
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.
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.
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.
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.
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.
Step 4: Select the Assessment Year and click on ‘Continue’.
Step 5: Once a new page opens, click ‘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.
Step 7: Check all the details on the ‘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.
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.
You will also receive an email confirmation and SMS confirmation on your mobile number registered with the e-filing portal upon successful submission.
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 |
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.
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.