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Appeal to Commissioner – Black Money Act

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June 8, 2021

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5 mins read

Any person, who is not satisfied with the order passed by the Assessing Officer under the Black Money Act, can file an appeal against such order before the Commissioner (Appeals), The provisions relating to appeal before the Commissioner (Appeals) are as  under :-

WHO CAN FILE APPEAL BEFORE COMMISSIONER (APPEALS)?

Any person can file appeal before Commissioner (Appeals) in Form 2, where such person –

  1. Objects to the amount of tax on such undisclosed foreign income and asset assessed by the AO ; or
  2. Denies his liability to be assessed under the Black Money Act ; or
  3. Objects to any penalty imposed by the AO ; or
  4. Objects to a rectification order enhancing the assessment or reducing the refund ; or
  5. Objects to an order rejecting rectification claim made by the assessee .

MANNER OF FILING APPEAL

The person authorized to sign the return of income under section 140 of the IT Act, shall sign and verify the following documents for filing appeal before the Commissioner (Appeals) : –

  1. Form 2;
  2. Grounds of appeal; and
  3. Verification form appended thereto,

FEES FOR FILING APPEAL

Any appeal filed before the Commissioner (Appeals) shall be accompanied by filing fee  of Rs. 10,000.

PAYMENT OF TAX, INTEREST AND PENALTY 

No appeal shall be admitted unless, at the time of filing of the appeal, the assessee has paid the tax along with penalty and interest thereon. Such tax, penalty and interest shall be paid on the amount of liability, which is not objected to by the assessee.

TIME LIMIT FOR FILING APPEAL

The time limit for filing appeal before the Commissioner (Appeals) is given hereunder : –

Circumstances       Time-Limit
Where notice of demand [relating to assessment or penalty] is served An appeal shall be filed within a period of 30 days from the date of service of notice of demand
Any other case An appeal shall be filed within a period of 30 days from the date of which the intimation of the order sought to be appealed against is served

Point to consider :-

Extended period : –

The Commissioner (Appeals) may admit an appeal after expiry of aforesaid 30 days,  if he is satisfied that the appellant had sufficient cause for not presenting the appeal within that period. However, he can condone delay in filing appeal upto 1 year.

ORDER BY COMMISSIONER

The Commissioner (Appeals) shall hear and determine the appeal and pass such orders as he thinks fit, which may include an order enhancing the assessment or penalty .

However, an order enhancing the assessment or penalty shall not be made unless the assessee has been given a reasonable opportunity of being heard.

For any queries, please write them in the Comment Section or Talk to our tax expert

Arinjay Jain

Bio of author

Arinjay is a Chartered Accountant with more than 20 years of post-qualification experience. He worked as Director, in the M&A Tax Division at KPMG in India. Presently, he is advising several MNCs in UAE on Economic Substance Regulations and impact of the UAE Corporate Tax Law on their business and clients across globe on International Tax issues . He is a well recognised Trainer of International Tax and UAE Corporate Tax. The areas of service include the following : - Advise and Compliance relating to International Tax Issues; Advise relating to UAE Corporate Tax Issues; Advise and Compliance relating to UAE Economic Substance Regulations; Advise and Compliance relating to Indian Income Tax Issues; Other connected matters from a Regulatory perspective.

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