Income Tax Department

Ministry of Finance, Government of India

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Section 253

Appeals to the Appellate Tribunal

Section

Section Number

253

Chapter

CHAPTER XX - APPEALS AND REVISION

Act

Income-tax Act, 1961

Year

1990

Appeals to the Appellate Tribunal

Appeals to the Appellate Tribunal
32 Appeals to the Appellate Tribunal.
253.     (1) Any assessee aggrieved by any of the following orders may appeal to the Appellate Tribunal against such order—
            ( a)       an order passed by a 33 [Deputy Commissioner (Appeals)] 34 [or, as the case may be, a Commissioner (Appeals)] under 35[***] 36 [section 154], 37[* * *] section 250, 38[section 271, section 271A or section 272A]; or
            ( b)        39[* * *]
            ( c)        an order passed by a Commissioner under section 263 40[or under section 272A] 41 [* * *] or an order passed by him under section 154 amending his order under section 263] 42[or an order passed by a Chief Commissioner or a Director General or a Director under section 272A.]
(2) The Commissioner may, if he objects to any order passed by a 43 [Deputy Commissioner (Appeals)] 44[or, as the case may be, a Commissioner (Appeals)] under 45 [section 154 or] section 250, direct the 46 [Assessing] Officer to appeal to the Appellate Tribunal against the order.
(3) Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the Commissioner, as the case may be.
(4) The 46[Assessing] Officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the 43[Deputy Commissioner (Appeals)] 44[or, as the case may be, the Commissioner (Appeals)] has been preferred under sub-section (1) or sub-section (2) by the other party, may, notwithstanding 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-objections, verified in the prescribed manner, against any part of the order of the 47[Deputy Commissioner (Appeals)] 44[or, as the case may be, the
Commissioner (Appeals)], 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 sub-section (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 the pre­scribed form and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4), be accompanied by a fee of 48[two hundred rupees].
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Footnotes