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CS Professional · Advanced Direct Tax Laws and Practice · Appeals

An appeal under the Income-tax Act, 2025 was filed before the Commissioner (Appeals) on 10 August 2027, falling in the financial year 2027-28. Within what period does section 359 say the appeal may, where it is possible, be heard and decided?

The target date is 31 March 2029. Section 359(5) counts one year from the end of the financial year in which the appeal is filed, not from the filing date, and the financial year 2027-28 ends on 31 March 2028.

  1. ABy 9 August 2028, being one year from the date of filing
  2. BBy 31 March 2028, being the end of the same financial year
  3. CBy 31 March 2029, being one year from the end of the financial year in which it is filedCorrect
  4. DBy 31 March 2030, being two years from the end of the financial year of filing

Explanation

Section 359(5) says the appeal may, where possible, be heard and decided within one year from the end of the financial year in which it is filed. The financial year ends 31 March 2028, so the period ends 31 March 2029. Counting one year from the filing date is the common error.

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