Chartered Accountants in India, working with clients across the UK

Appeal to Commissioner of IT
Income Tax · First appeal

Appeal to the Commissioner,the first step to put it right.

If you disagree with an assessment, penalty or demand, the first appeal goes to the Commissioner (Appeals), or to the Joint Commissioner (Appeals) for some smaller cases. It must be filed within 30 days, online and largely faceless. We draft the grounds and statement of facts and present your case.

Grounds drafted carefullyFees agreed in writingStay of demand handled
LevelFirst appeal
Time limit30 days from the demand notice
FormForm 35 under the 1961 Act
ProcessFaceless appeals

What can be appealed.

  • Assessment ordersScrutiny, best judgment and reassessment orders.
  • Processing intimationsAdjustments made when the return was processed.
  • Penalty ordersPenalties for under-reporting and other defaults.
  • Rectification ordersRefusals to rectify mistakes.
  • TDS ordersOrders treating a payer as in default.
  • InterestDisputed interest charged in an order.
Old and new section numbers

From 1 April 2026 the Income-tax Act, 2025 has renumbered these provisions. Notices for tax years before 2026-27 still refer to the Income-tax Act, 1961 sections, which is why this page uses them. We check which Act applies to your notice.

How the appeal works.

01
Decide

Is it worth appealing?

Issues, evidence and amounts.

02
Draft

Grounds and statement of facts

Precise, complete and in the right order.

03
File

Within 30 days

Online, with the fee and documents.

04
Stay

Protect against recovery

Apply for a stay of demand. See Section 156 Demand Notice.

05
Present

Written submissions

And video hearing where requested.

What makes a strong appeal.

Clear grounds

Each issue as a separate ground, with an alternative where useful.

Evidence

Evidence already on record, or a request to admit additional evidence with reasons.

Law

Relevant judgments and the treaty where it applies.

See also CA for CIT Appeal and Appeal at ITAT for the next level.

Why clients trust us with notices.

Every notice read in full

We read the notice, the AIS and your return together before advising.

Replies on time

Deadlines tracked from the day you send us the notice.

Plain-English explanation

What the notice means, what is at stake and what we recommend.

Faceless and online

Most proceedings are handled online, so you never need to travel to India.

Chartered Accountants

Replies and representation by Chartered Accountants.

Fees agreed in writing

A written scope and fee before we start.

First appeals for clients across the UK.

We handle Indian income tax notices for NRIs, returning Indians and UK-owned businesses throughout the UK. Faceless proceedings are online, so it makes no difference where you live.

London

City of LondonCanary WharfHarrowWembleySouthallHounslowIlfordEast HamCroydonEdgware

South East

ReadingSloughMilton KeynesOxfordWatfordLutonCrawleyGuildford

Midlands

BirminghamLeicesterCoventryNottinghamWolverhamptonDerbyNorthampton

North of England

ManchesterLeedsBradfordSheffieldLiverpoolNewcastlePreston

East and South West

CambridgePeterboroughBristolSwindonSouthamptonBath

Scotland, Wales, NI

EdinburghGlasgowAberdeenDundeeCardiffSwanseaBelfast

Appeal to Commissioner FAQs.

30 days from receiving the demand notice or order. Late appeals can be admitted if there is sufficient cause.
The Commissioner (Appeals), or the Joint Commissioner (Appeals) for certain smaller cases.
Most first appeals are handled online in the faceless scheme, with video hearings on request.
Not in full. You can appeal and apply for a stay, usually by paying around 20% of the disputed demand.

Disagree with an income tax order?

Send it to us. We will advise on appealing and file within 30 days.

This page is general guidance based on the Income-tax Act, 2025 and the rules and return forms as they stand. It is not legal or financial advice for your situation. Forms, eligibility and due dates can change each year, so please check with us before filing.