Notices & Appeals
CIT(A) Appeal: Documents, Grounds and Statement of Facts Checklist
A practical checklist for Income Tax first appeals covering Form 35, demand notice, order review, grounds of appeal, statement of facts and evidence.
Last Updated: 24 July 2026
An Income Tax appeal should be prepared from the assessment/order record, not only from the demand amount. The grounds of appeal and statement of facts should clearly explain the dispute, evidence and legal position.
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What is a CIT(A) / first appeal?
Where a taxpayer is aggrieved by an appealable order, a first appeal may be filed through the prescribed process. The Income Tax Department's Form 35 guidance explains that Form 35 is used for appeals before the Commissioner (Appeals) / Joint Commissioner (Appeals), where applicable.
Documents to collect first
Useful starting documents generally include:
- complete assessment/intimation/order;
- notice of demand;
- DIN/order number and date;
- ITR acknowledgement and computation;
- Form 26AS, AIS and TIS;
- tax-paid challans and TDS/TCS details;
- earlier notices, replies and submissions;
- evidence supporting disputed additions or claims;
- appeal fee details where applicable.
Grounds of appeal and statement of facts
The statement of facts should present the background clearly and chronologically. Grounds of appeal should identify the specific findings being challenged and should avoid vague, unsupported statements.
Good appeal preparation usually involves:
- issue-wise reading of the order;
- separating factual disputes from legal disputes;
- reconciling figures with return, books and third-party data;
- identifying missing or ignored evidence;
- preparing concise grounds and supporting documents;
- reviewing demand and stay/recovery position separately.
Timing and limitation
The Income Tax Department Form 35 guidance refers to filing within the prescribed period from service of order or demand, depending on the case. If delay has occurred, condonation may need to be reviewed based on reasonable cause and applicable law.
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Professional CTA
Received an adverse Income Tax order or demand? Request order and appeal review before preparing Form 35, grounds of appeal or statement of facts.
Disclaimer
This article is general information reviewed in July 2026. Appeal filing, limitation, fees, hearing process and documents depend on the actual order, portal status and applicable law.
FAQs
Frequently asked questions
Which form is generally used for first appeal?
Form 35 is generally used on the e-Filing portal for appeals before the Joint Commissioner (Appeals) or Commissioner of Income Tax (Appeals), where applicable.
What documents are usually needed for Form 35?
The order appealed against, demand notice, appeal fee details, taxes paid, statement of facts, grounds of appeal and documentary evidence are important starting documents.
Can an appeal be filed after the normal time limit?
Delay may require a condonation request with reasonable cause where legally available. Delay should not be assumed to be automatically condoned.
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