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Notices & Litigation

Appealing an Indian assessment as an NRI: the first appeal

You file the first appeal online in Form 35 within 30 days, it is heard faceless by video, and a further appeal lies to the Tribunal.

Your Indian assessment has gone against you, and you want to challenge it, but you are abroad and unsure how, or whether you can appeal from outside India at all. You can. The first appeal is filed online, heard faceless, and needs no travel, and it pairs with the stay of demand that keeps recovery paused while it runs. Knowing the form, the strict 30-day deadline, and where a further appeal lies, lets you fight a wrong assessment properly. Here is the first-appeal process for an NRI.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

If you disagree with your assessment, you appeal to the Commissioner (Appeals) under Section 246A, in Form 35, within 30 days of the order or demand, paying a small fee, and you can file it online from abroad. First appeals are now faceless, with a personal hearing by video on request, so no travel is needed. Smaller cases go to a Joint Commissioner (Appeals) tier and larger ones to the Commissioner (Appeals). While the appeal is pending, the stay of demand keeps recovery paused. If you lose, a further appeal lies to the Income-tax Appellate Tribunal within 60 days.

References on this page

  • The first appeal is to the Commissioner (Appeals) under Section 246A, in Form 35, within 30 days of the order or demand
  • First appeals are faceless, with a personal hearing by video on request; you can file from abroad
  • Smaller cases go to a Joint Commissioner (Appeals); larger ones to the Commissioner (Appeals)
  • A further appeal lies to the Income-tax Appellate Tribunal under Section 253, within 60 days

The first appeal, filed from abroad

The first challenge to an assessment is an appeal to the Commissioner (Appeals) under Section 246A. You file it in Form 35, online through the e-filing portal, so being abroad is no obstacle, within 30 days of being served the assessment order or the demand, and with a modest appeal fee. The 30-day limit is strict, though the Commissioner can condone a delay for a genuine reason, so it is best filed promptly.

The appeal is heard faceless, under the current faceless appeal scheme, so there is no officer to appear before in person; the case is processed online, and if you ask for a personal hearing, it is held by video. So the whole first appeal, from filing to hearing to order, can be run from wherever you are. Which appellate authority hears it depends on size: smaller cases go to a Joint Commissioner (Appeals) tier, and larger ones to the Commissioner (Appeals). The procedure and the authority's powers, including to confirm, reduce or even increase the assessment, are set out in the following sections of the law.

The stay link, and the further appeal

The first appeal works hand in hand with the stay of demand. Filing the appeal is what lets you apply to stay recovery of the disputed demand, usually on paying part of it, so that your Indian assets are not pursued while the appeal is decided. So the appeal and the stay are best filed together, not one after the other, to protect you from the moment the demand lands.

If the first appeal does not go your way, it is not the end. A further appeal lies to the Income-tax Appellate Tribunal under Section 253, filed in its own form within 60 days of the first-appeal order. The Tribunal is an independent body that can confirm, alter or set aside the assessment, and it is often where NRI disputes on treaty and residency points are genuinely won. A practising CA files the first appeal in time, runs it faceless on your behalf, keeps the stay in place, and takes the matter to the Tribunal if needed.

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What's involved

What the CA actually does

  1. 1

    We file the first appeal

    We lodge Form 35 with the Commissioner (Appeals) within the 30 days, online, with the grounds and the fee, from India on your behalf.

  2. 2

    We run it faceless

    We handle the faceless appeal end to end and request the video hearing, so you do not need to travel or manage the portal.

  3. 3

    We keep the stay in place

    We pair the appeal with the stay of demand, so recovery against your Indian assets stays paused while it is pending.

  4. 4

    We take it further if needed

    If the first appeal fails, we appeal to the Tribunal within the 60 days, where treaty and residency points are often won.

What to have ready

Documents you'll typically need

  • The assessment order and the demand you are appealing
  • The grounds on which you disagree
  • The date the order or demand was served, for the deadline
  • Your PAN and residency details

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 31 countries.

Frequently asked questions

Common questions

Want to appeal an Indian assessment?

Send us the order. A practising CA will file and run the faceless appeal for you on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.