Income Tax Appellate Tribunal

Structure and Nature of ITAT

The ITAT full form is Income Tax Appellate Tribunal. It is a quasi-judicial body that has been set up by the central government. It was made to deal with the appellate matters that come under the Income Tax Act, 1961. The Ministry of Law and Justice functions as the ITAT.

The president of the ITAT constitutes a bench that consists of a judicial member and an accountant member. If in any appeal where the total income calculated by the AO is not more than 50 lakhs, then the president or any member of the ITAT can dispose of it.

Functions of ITAT

The ITAT works under the supervision of the Judicial High Court, and it should also follow the precedent made by the High Court. The Income Tax Appellate Tribunal only hears appeals that are related to the orders passed by the authorities of income tax.

The ITAT also needs to follow the laws or precedents set by the Supreme Court of India in the same way as the high court. ITAT is considered the second forum that hears the income tax appeals after the Commissioner of the Income Tax Department.

Appealable Orders for ITAT

Here are the appealable orders before the ITAT:

• Orders that are passed by the Jurisdictional Commissioner.
• Orders that are passed by the Assessing Officer.
• It includes the orders that are passed by the Commissioner of Income Tax (appeals).
• It includes those penalty orders that are passed by the commissioner.
• It includes the applications that are made for the stay of tax demands.
• The other random applications that are made for the recall of orders are also included in the list.