249 Income Tax Act - Form of appeal and limitation

Section 249 of Income Tax Act 1961 - Form of appeal and limitation

(1) Every appeal under this Chapter shall be in the prescribed form and shall be verified in the prescribed manner 1 and shall, in case of an appeal made to the Commissioner (Appeals) on or after the 1st day of October, 1998, irrespective of the date of initiation of the assessment proceedings relating thereto be accompanied by a fee of,-

(i) 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;

(ii) where the total income of the assessee, computed as aforesaid, in the case to which the appeal relates is more than one hundred thousand rupees but not more than two hundred thousand rupees, five hundred rupees;

(iii) 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;

2 (iv) where the subject matter of an appeal is not covered under clauses (i), (ii) and (iii), two hundred fifty rupees.

(2) The appeal shall be presented within thirty days of the following date, that is to say,-

3 (a) where the appeal is under section 248, the date of payment of the tax, or

4 (b) where the appeal relates to any assessment or penalty, the date of service of the notice of demand relating to the assessment or penalty:

Provided that, where an application has been made under section 146 for reopening an assessment, the period from the date on which the application is made to the date on which the order passed on the application is served on the assessee shall be 4 excluded:

6 Provided further that where an application has been made under sub-section (1) of section 270AA, the period beginning from the date on which the application is made, to the date on which the order rejecting the application is served on the assessee, shall be excluded or:

7 (2A) Notwithstanding anything contained in sub-section (2), where an order has been made under section 201 on or after the 1st day of October, 1998 but before the 1st day of June, 2000 and the assessee in default has not presented any appeal within the time specified in that sub-section, he may present such appeal before the 1st day of July, 2000.

(3) The 8 *** Commissioner (Appeals) may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period.

9 (4) No appeal under this Chapter shall be admitted unless at the time of filing of the appeal,-

(a) where a return has been filed by the assessee, the assessee has paid the tax due on the income returned by him; or

(b) where no return has been filed by the assessee, the assessee has paid an amount equal to the amount of advance tax which was payable by him:

Provided that, 10 in a case falling under clause (b) and on an application made by the appellant in this behalf, the 11 *** Commissioner (Appeals) may, for any good and sufficient reason to be recorded in writing, exempt him from the operation of the provisions of 12 that clause.
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1. Ins. by Act 21 of 1998, s. 50 (w.e.f. 1-10-1998)
2. Ins. by Act 27 of 1999, s. 83 (w.e.f. 1-6-1999).
3. Subs. by Act 22 of 2007, s. 73, for clause (a) (w.e.f. 1-6-2007).
4. Subs. by Act 41 of 1975, s. 59, for clause (b) (w.e.f. 1-10-1975).
5. Subs. by Act 28 of 2016, s. 93, for "excluded, or" (w.e.f. 1-4-2017).
6. The proviso inserted by s. 93, ibid. (w.e.f. 1-4-2017).
7. Ins. by Act 10 of 2000, s. 67 (w.e.f. 1-6-2000).
8. The words and brackets "Deputy Commissioner (Appeals) or, as the case may be, the" omitted by Act 21 of 1998, s. 50 (w.e.f. 1-10-1998). Earlier "Deputy Commissioner (Appeals)" was substituted for "Appellate Assistant Commissioner" by Act 4 of 1988, s. 2 (w.e.f. 1-4-198) and the words and brackets "or, as the case may be, the Commissioner (Appeals)" were inserted by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
9. Ins. by Act 41 of 1975, s. 59 (w.e.f. 1-10-1975).
10. Ins. by Act 3 of 1989, s. 45 (w.e.f. 1-4-1989).
11. The words and brackets "Deputy Commissioner (Appeals) or, as the case may be, the" omitted by Act 21 of 1998, s. 50 (w.e.f. 1-10-1998). Earlier "Deputy Commissioner (Appeals)" was substituted for "Appellate Assistant Commissioner" by Act 4 of 1988, s. 2 (w.e.f. 1-4-198) and the words and brackets "or, as the case may be, the Commissioner (Appeals)" were inserted by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
12. Subs. by Act 3 of 1989, s. 45, for "this sub-section" (w.e.f. 1-4-1989).