Tax LitigationAssessmentIndia
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Tax Litigation · Assessment

Tax litigation and assessment defence advisory

Income tax assessment response, reassessment defence, CIT(A) and ITAT appellate representation, search and seizure response, penalty proceedings and tax recovery stay.

Counsel that connects the technical, the commercial, and the legal, across ten offices in India.
Income Tax Act
1961
CIT(A)
Appeal
ITAT
Tribunal
10
Offices
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Assessment and reassessment response

  • Scrutiny assessment under Section 143(3): response to notices, information requests and assessment orders.
  • Reassessment under Section 148/148A (post 2021 framework): jurisdictional objections, legal challenges and substantive defence.
  • Faceless assessment procedure: e Proceeding compliance and video conferencing hearings.
  • Best judgment assessment under Section 144 and ex parte order challenge.
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Appellate proceedings

  • CIT(A) / Joint CIT(A) appeal: stay of demand pending appeal, grounds of appeal and additional evidence.
  • ITAT (Income Tax Appellate Tribunal) appeals: cross objections, rectification and miscellaneous applications.
  • High Court reference and Section 260A appeal on substantial questions of law.
  • Supreme Court special leave petition in tax matters.
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How AMLEGALS assists

  • Assessment and reassessment response with coordinated tax advisory.
  • Appellate representation before CIT(A), ITAT, High Courts and Supreme Court.
  • Search and seizure response and block assessment defence.
  • Penalty, prosecution and compounding proceedings.
Answers

What clients ask before they commit.

Short, direct, on the record.

01What is the time limit for income tax reassessment in India?

After the 2021 amendment, reassessment can be initiated within 3 years from the end of the relevant assessment year. For cases involving income escaping assessment of INR 50 lakh or more, the time limit extends to 10 years (with approval from the specified authority). A mandatory Section 148A inquiry must precede any reassessment notice.

02Can demand be stayed pending tax appeal?

Yes. The taxpayer can apply for stay of demand under Section 220(6). The CBDT instruction requires the AO to grant stay if the taxpayer has a prima facie case, subject to payment of 20% of the disputed demand (revised guidelines). CIT(A) and ITAT can also grant stay in appropriate cases.

03What is the penalty for misreporting under Section 270A?

Section 270A provides a penalty of 200% of tax payable on misreported income and 50% of tax payable on under reported income. Misreporting includes misrepresentation of facts, failure to record investments, claim of expenditure not substantiated and failure to report international transactions.

04Can tax prosecution be compounded?

Yes. The CBDT has issued guidelines for compounding of offences under the Income Tax Act. Compounding applications are filed with the Principal Chief Commissioner. Not all offences are compoundable, and repeat offences face stricter conditions. Compounding fees are based on the tax evaded.

Engage AMLEGALS

Discuss tax litigation or assessment response

Share the assessment year, section, demand amount and the litigation stage for a preliminary assessment.

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