Section 249Central Act

Section 249: Form of appeal and limitation

The 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 [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;]

(iv)

[ where the subject matter of an appeal is not covered under clauses (i), (ii) and (iii), two hundred fifty rupees.] [ Inserted by Act

27 of 1999

, Section 83 (w.e.f. 1.6.1999).]

(2)

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

(a)

[ where the appeal is under section 248, the date of payment of the tax, or ] [ Substituted by Act 22 of 2007, Section 73, for Clause (a) (w.e.f. 1.6.2007).]

(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 excluded, or

(c)

in any other case, the date on which intimation of the order sought to be appealed against is served.

[(2-A) 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.] [ Inserted by Act 10 of 2000, Section 67 (w.e.f. 1.6.2000).]

(3)

The [* * *] [ Omitted by Act 21 of 1998, Section 65 (w.e.f. 1.10.1998).] [Commissioner (Appeals)] [ Inserted by Act 29 of 1977, Section 39 and Schedule V (w.e.f. 10.7.1978).] 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.

(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, [in a case falling under clause (b) and ] [ Inserted by Act 3 of 1989, Section 45 (w.e.f. 1.4.1989).]on an application made by the appellant in this behalf, the [* * *] [ Omitted by Act 21 of 1998, Section 65 (w.e.f. 1.10.1998).] [Commissioner (Appeals)] [ Inserted by Act 29 of 1977, Section 39 and Schedule V (w.e.f. 10.7.1978).] may, for any good and sufficient reason to be recorded in writing, exempt him from the operation of the provisions of [that clause] [ Substituted by Act 3 of 1989, Section 45, for " this sub-Section" (w.e.f. 1.4.1989).].

Sec 248 — Appeal by a person denying liability to deduct tax in certain cases. [ Substituted by Act 22 of 2007, Section 72 for Section 248 (w.e.f. 1.6.2007).]

Sec 250 — Procedure in appeal

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