Application draft us 249(4)(b) of the income tax act.

where assessee files an appeal before cit, he is required to pay the tax determined by AO if ROI has has not filed. However assessee can make an application to cit(a) thereafter 249(4)(b) will not apply. If anyone has this application format please share. Thanks.
Replies (1)

Hi Krishna,

Here’s a draft application format you can use to request the CIT(A) to waive the payment of the tax determined by AO under Section 249(4)(b) of the Income Tax Act, where the Return of Income (ROI) has not been filed but the appeal has been filed:


Application under Section 249(4)(b) of the Income Tax Act

To,
The Commissioner of Income Tax (Appeals),
[Address of the CIT(A) office]

Subject: Application for waiver of payment of tax determined by Assessing Officer under Section 249(4)(b) of the Income Tax Act, 1961

Respected Sir/Madam,

I, [Name of the Assessee], PAN: [PAN Number], filing this application in respect of appeal bearing reference no. [Appeal No.] filed before your good office against the assessment order passed under Section [mention section] by the Assessing Officer for the Assessment Year [AY].

  1. It is submitted that the Return of Income for the relevant Assessment Year has not been filed within the due date. The Assessing Officer has passed an assessment order determining the tax liability of Rs. [amount] under [section].

  2. While filing the appeal before your good office, it is humbly submitted that the tax determined by the AO under the assessment order has not been paid as the ROI was not filed.

  3. In view of the above, I hereby request your good office to kindly waive the requirement of payment of the tax determined by the AO under Section 249(4)(b) as per the provisions of the Income Tax Act and allow the appeal to be heard on merits.

  4. I undertake to file the Return of Income and comply with all statutory requirements at the earliest.

  5. In light of the above facts and circumstances, it is requested that this application may kindly be allowed.

Thanking you,

Yours faithfully,

[Signature]
[Name of the Assessee / Authorized Representative]
[Date]

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
24 October 2026
CA Industrial Trainee

Fytomax Nutrition Private Limited

Aurangabad

CA Inter

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
23 October 2026
Sr. Accountant

SANKARAN & KRISHNAN

New Delhi

B.Com

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details