§ 362
Chapter XVIII — Appeals, Revisions And Alternate Dispute Resolutions
Appeals to Appellate Tribunal
Income-tax Act, 2025
Any taxpayer dissatisfied with certain orders (e.g., those of the Commissioner (Appeals), Joint Commissioner (Appeals), Principal Commissioner, Assessing Officer under specific sections, etc.) can file an appeal to the Appellate Tribunal.
The appeal must be lodged within two months of the month in which the order was communicated. If the other party files an appeal, the respondent can file a memorandum of cross‑objections within 30 days of receiving notice.
- Late filing may be allowed if the Tribunal is satisfied of sufficient cause.
- Appeal fees: ₹500 for income ≤ ₹100,000; ₹1,500 for income > ₹100,000 – ₹200,000; 1% of income (max ₹10,000) for income > ₹200,000; ₹500 for other matters.
- No fee for appeals under subsection (2) or cross‑objection memoranda.
📜 Official text of the section +
362. (1) Any assessee, aggrieved by any of the following orders, may appeal to
the Appellate Tribunal against such order—
( a) an order passed under this Act, by a Commissioner (Appeals) or a Joint
Commissioner (Appeals); or
( b) an order passed by a Principal Commissioner or Commissioner under—
( i) section 332(7) or (8) or (9) or 351(2)(ii) or 354(3); or
( ii) section 377 or 439 or 465; or
( iii) section 287 amending any order as referred to in sub-clauses ( i)
and (ii):
( c) an order passed by a Principal Chief Commissioner or Chief Commis -
sioner or a Principal Director General or Director General or a Principal
Director or Director under section 377 or 465 or an order passed under
section 287 amending any such order; or
( d) an order passed by an Assessing Officer under section 270(10) or 279, in
pursuance of the directions of the Dispute Resolution Panel or an order
passed under section 287 in respect of such order; or
( e) an order passed by an Assessing Officer under section 270(10) or 279,
with the approval of the Principal Commissioner or Commissioner as
referred to in section 274(12) or an order passed under section 287 or
288 in respect of such order; or
( f) an order passed by an Assessing Officer under section 234(4).
(2) The Principal Commissioner or Commissioner may, if he objects to any order
passed by the Joint Commissioner (Appeals) or the Commissioner (Appeals) under
this Act, direct the Assessing Officer to appeal to the Appellate Tribunal against the
order.
(3) Every appeal under sub-section (1) or (2) shall be filed within two months from
the end of the month in which the order sought to be appealed against is commu-
nicated to the assessee or to the Principal Commissioner or Commissioner.
(4) The Assessing Officer or the assessee, on receipt of notice that an appeal against
an order, has been preferred under sub-section (1) or (2) by the other party, may,
irrespective of that he may not have appealed against such order or any part thereof,
within thirty days of the receipt of the notice, file a memorandum of cross-objec -
tions, verified in the manner, as may be prescribed, against any part of such order,
and such memorandum shall be disposed of by the Appellate Tribunal as if it were
an appeal presented within the time specified in sub-section (3).
(5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum
of cross-objections after the expiry of the relevant period referred to in sub-section
(3) or (4), if it is satisfied that there was sufficient cause for not presenting it within
that period.
(6) An appeal to the Appellate Tribunal shall be in such form and verified in such
manner, as may be prescribed and shall, be accompanied by a fee of—
( a) ` 500, where the total income of the assessee as computed by the Assessing
Officer, in the case to which the appeal relates, is ` 100000 or less;
( b) ` 1500, where the total income of the assessee, computed as aforesaid,
in the case to which the appeal relates is more than ` 100000 but not
more than ` 200000;
( c) an amount equal to 1% of the assessed income, subject to a maximum of
` 10000, where the total income of the assessee, computed as aforesaid,
in the case to which the appeal relates is more than ` 200000;
( d) ` 500, where the subject matter of an appeal relates to any matter, other
than those specified in clauses (a), (b) and (c).
(7) No fee shall be payable for an appeal referred to in sub-section (2), or a memo-
randum of cross objections referred to in sub-section (4).
(8) An application for stay of demand shall be accompanied by a fee of ` 500.
Orders of Appellate Tribunal.
Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.
Related sections
§ 356Appealable orders before Joint Commissioner (Appeals)§ 357Appealable orders before Commissioner (Appeals)§ 358Form of appeal and limitation§ 359Procedure in appeal§ 360Principal Commissioner or Commissioner. Powers of Joint Commissioner (Appeals) or Commissioner (Appeals)§ 361Appellate Tribunal