Form 115 Income Tax Rules 2026 pdf download and Key points
Form 115 Income Tax Rules 2026 pdf download and Key points
FORM NO. 115 [see rule 193] Form of appeal to the Appellate Tribunal
Under the new Income-tax Rules, 2026, Form No. 115 replaces the old Form 36 used under the 1962 rules. It is governed by Section 362 of the Income-tax Act, 2025, and Rule 193 of the Income-tax Rules, 2026.
Here are all the key points regarding Form 115:
1. Purpose of the Form Form 115 is the prescribed form used for filing an appeal before the Income-tax Appellate Tribunal (ITAT) against an order passed by an income-tax authority. It allows for a structured presentation of the disputed issues, the disputed amounts, the “tax effect”, and the specific grounds of appeal.
2. Who Should File and Where
- Who can file: It can be filed either by an assessee (taxpayer) who is aggrieved by an order passed by an income-tax authority, or by the Income-tax Department when the department itself is the appellant.
- Where to file: The form must be filed before the ITAT having jurisdiction over the respective case.
3. Due Date and Timelines The appeal in Form 115 must be filed within two months from the end of the month in which the order sought to be appealed against is communicated to the assessee or to the Principal Commissioner or Commissioner.
4. Mode of Filing Form 115 must be filed electronically through either the Income Tax Department’s e-Filing portal or the ITAT e-Filing portal.
5. Structure of the Form The form is divided into distinct parts to systematically capture all necessary details:
- Part A (Appellant’s Personal Information): Captures Name, PAN, TAN (if applicable), Address, and Contact details.
- Part B (Respondent’s Personal Information): Captures the corresponding details of the respondent.
- Part C (Appeal Details): Requires the relevant tax year or block period, the total income declared, details of the order being appealed against, and the date the notice/order was served.
- Part D (Amount Disputed in Appeal): Captures the specific disputed amounts concerning the assessment, penalty, TDS/TCS defaults, or other matters.
- Part E (Grounds of Appeal): The appellant must state concise grounds of appeal, numbered consecutively, along with the “tax effect” relating to each ground. (Note: “Tax effect” is the difference between the tax on the total income assessed and the tax that would have been chargeable if the disputed income had been excluded).
- Part F (Appeal Filing Details): Captures information on any delay in filing, grounds for condonation of delay (if applicable), and details of the appeal fees paid.
- Verification: Must be signed and verified by the appellant, an authorized representative, or a competent person. PAN is mandatory in the verification section, except when the appeal is filed by the Income-tax Department or other government authorities.
6. Required Documents The memorandum of appeal in Form 115 must be accompanied by:
- Copies of the order appealed against.
- Copies of the relevant order of the Assessing Officer or other concerned authority.
- Copies of the grounds of appeal and statement of facts that were filed before the first appellate authority.
7. Revisions and Corrections Once Form 115 is successfully filed, it cannot be revised. However, if the appellant wishes to bring up new points, additional grounds may be raised directly before the Tribunal in accordance with the law.
8. Appeal Fees Payment of the prescribed appeal fee is mandatory while filing the form, except in specific cases where no fee is payable (such as cross-objections).
Form 115 Income Tax Rules 2026 pdf download
Form No. 115 – Frequently Asked Questions
1. What is Form 115?
Ans:
Form 115 is the prescribed form for filing an appeal before the Income-tax Appellate Tribunal (ITAT) against an order passed by the income-tax authorities. The order
appealed against should be one of the orders specified in section 362(1).
2. Who is required to file Form 115?
Ans:
Form 115 may be filed by:
• An assessee who is aggrieved by an order passed by an income-tax authority and seeks to file an appeal before the Income-tax Appellate Tribunal; or
• The Income-tax Department, where it is the appellant, for filing an appeal before the Income-tax Appellate Tribunal.
3. Before which authority is Form 115 filed?
Ans:
Form 115 is filed before the Income-tax Appellate Tribunal (ITAT) having jurisdiction over the case.
4. What are the main parts of Form 115?
Ans:
Form 115 consists of the following parts:
Part A: Appellant’s Personal Information
Part B: Respondent’s Personal Information
Part C: Appeal Details
Part D: Amount Disputed in Appeal
Part E: Grounds of Appeal
Part F: Appeal Filing Details
Verification
5. What details are required to be furnished in Part A (Appellant’s Personal Information)?
Ans:
Part A requires details such as:
Name or designation of the appellant
PAN (where applicable)
TAN (in case of deductors, where applicable)
Complete address
Contact details including landline number, mobile number, and email ID
In cases where the Department is the appellant, the designation and office details of the authority concerned shall be furnished.
6. What details are required to be furnished in Part B (Respondent’s Personal Information)?
Ans:
Part B requires details of the respondent, including:
Name or designation
PAN / TAN, where applicable
Complete address
Contact details including landline number, mobile number, and email ID
In cases where the Department is the respondent, the designation and office details of the concerned authority may be furnished.
7. What information is required to be provided in Part C (Appeal Details)?
Ans:
Part C requires furnishing of:
Relevant tax year or block period
Total income declared for the relevant period
Details of the order appealed against, including section, date of order, and nature
of order
Date of service of notice/order
Name of the income-tax authority passing the order
Details of Jurisdictional Assessing Officer
8. What details are required in Part D (Amount Disputed in Appeal)?
Ans:
Depending on the nature of the appeal, Part D requires details of:
Section and sub-section under which order is passed
Disputed income and disputed demand in case of assessment orders
Disputed penalty amount in case of penalty appeals
Disputed TDS/TCS default in TDS/TCS-related appeals
Amount disputed in appeal in respect of any other matter
All amounts are required to be furnished in Indian Rupees.
9. What is meant by “tax effect” for the purpose of Form 115?
Ans:
“Tax effect” refers to the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the
income in respect of the disputed issues, including applicable surcharge and cess.
For the manner of computation, including treatment of interest, loss cases, penalty orders, notional tax, and common grounds, reference may be made to the Notes to Form
115.
10. What details are required to be furnished in Part E (Grounds of Appeal)?
Ans:
Part E requires the appellant to furnish:
Concise grounds of appeal, numbered consecutively
Tax effect relating to each ground of appeal
The grounds should be stated within the prescribed word limit.
11. Can multiple grounds of appeal be filed in Form 115?
Ans:
Yes.
Multiple grounds of appeal may be furnished, provided each ground is stated separately and numbered consecutively.
12. What information is required to be furnished in Part F?
Ans:
Part F requires furnishing of:
Whether there is any delay in filing the appeal
Grounds for condonation of delay, where applicable
Details of appeal fees paid, including BSR code, date of payment, and amount
13. Is payment of appeal fee mandatory while filing Form 115?
Ans:
Yes.
The appeal must be accompanied by the prescribed fee as per the Income-tax Act and Rules, except in cases where no fee is payable, such as cross-objections. The amount of
fee, mode of payment, and related conditions are specified in the Notes to Form 115, which may be referred to for details.
14. What documents are required to be enclosed with Form 115?
Ans:
The memorandum of appeal shall be filed in the prescribed form and manner and shall be accompanied by the documents specified in the Notes to Form 115, including copies
of the order appealed against and other relevant records, as applicable.
15. Who should sign and verify Form 115?
Ans:
Form 115 must be signed by:
The appellant, or
The authorised representative, where applicable,
In case of appeal by the taxpayer, the form is to be verified by the person authorized to verify the return of income under section 265.
16. Is PAN mandatory in the verification section of Form 115?
Ans:
PAN is required to be furnished in the verification where applicable.
In cases where the appeal is filed by the Income-tax Department or other government authorities, PAN may not be applicable.
17. Can Form 115 be revised after filing?
Ans:
No.
Once Form 115 is filed, it cannot be revised. However, additional grounds may be raised before the Tribunal in accordance with law.
18. Can Form 115 be filed electronically?
Ans:
Form 115 may be filed electronically through the Income Tax Department e-Filing portal or ITAT e-Filing portal.
19. What is the limitation period for filing Form 115?
Ans:
Form 115 must be filed within two months from the end of the month in which the order sought to be appealed against is communicated to the assessee or to the Principal
Commissioner or Commissioner, as the case may be.
20. Why is Form 115 important?
Ans:
Form 115 enables:
Statutory right of appeal before the ITAT
Structured presentation of disputed issues and tax effect
Efficient adjudication of appeals by the Tribunal
Guidance Note on Form 115
Relate Post
Section 362 Income Tax Act 2025 Appeals to Appellate Tribunal.
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New form for Appeal to ITAT,
Form 115 Income Tax Rules 2026 pdf download,
What is Form 115 Income Tax Rules 2026,
Form 115 Income Tax Rules 2026,
Form 115 Income Tax,
Form 115 Income Tax Act 2025,
Form for Appeal to ITAT,
Form No. 115 income tax replaces the old Form 36

