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India · Tax Litigation

Tax Litigation Services in India: From Notice to Tribunal

From the first notice to the Tribunal: assessments, reassessment, search cases, GST show cause notices and DGGI matters, with stay of demand and counsel briefed for the High Court and the Supreme Court.

Overview

Tax disputes are won on the record built in the first ninety days.

Tax litigation in India runs on two tracks. Income tax disputes go from the Assessing Officer to the Commissioner (Appeals), the Income Tax Appellate Tribunal and then the High Court. GST disputes go from the adjudicating officer to the Appellate Authority, the GST Appellate Tribunal and the High Court. On both tracks the Tribunal is the last forum that decides facts, so the evidence filed at the notice stage usually decides the case. LexVerge handles both from the first notice to the Tribunal and briefs counsel for the courts.

◆Companies and promoters facing scrutiny, reassessment or search assessments
◆Businesses served with GST show cause notices, DGGI summons or input tax credit denials
◆Non-residents disputing withholding, treaty or permanent establishment positions
◆Taxpayers with a large demand raised and recovery or bank attachment imminent
What’s Included

Choose the page for your matter.

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Tax notices

What each income tax and GST notice means and how to reply. Tax notices explained.

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Income tax litigation

Scrutiny, reassessment, search and block assessments, penalties, CIT(A), ITAT and High Court. Income tax litigation.

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GST litigation

Show cause notices under sections 73, 74 and 74A, DGGI, adjudication, GSTAT and writs. GST litigation.

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Stay of demand and recovery

Stay applications, instalments and the lifting of bank and property attachments while the appeal runs.

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International tax disputes

Treaty, permanent establishment and withholding disputes, and Dispute Resolution Panel objections. International taxation.

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Investigations alongside tax

Where the ED, the SFIO or the EOW act on the same facts. Regulatory defence.

How We Work

How a matter runs with us.

01

Triage

We read the notice or order, fix the limitation dates and tell you within days what the exposure is.

02

Build the record

Facts, reconciliations and documents filed at the earliest forum that will take them.

03

Argue

Written submissions and hearings before the officer, the appellate authority and the Tribunal.

04

Protect cash

Stay of demand, pre-deposit planning and attachment relief, alongside the appeal.

05

Close

Appeal effect orders, refunds with interest and a decision on any further appeal.

Why LexVerge

Chartered accountants who litigate, working with counsel where the forum requires it.

Assessing OfficersFaceless AssessmentCommissioner (Appeals)ITATDRPGST AdjudicationGST Appellate TribunalDGGIHigh Court (through counsel)

One team for the numbers, the law and the hearing, so nothing is lost between the accountant and the advocate.

FAQ

Tax litigation, answered.

What is the time limit to appeal an income tax order?
A first appeal to the Commissioner (Appeals) or Joint Commissioner (Appeals) must be filed within 30 days of the demand notice. An appeal to the Income Tax Appellate Tribunal is due within two months from the end of the month in which the appellate order is communicated, and a High Court appeal within 120 days.
What is the time limit to appeal a GST order?
Three months from the order to the Appellate Authority under section 107, with one more month for sufficient cause, and three months from the appellate order to the GST Appellate Tribunal under section 112. A High Court appeal lies within 180 days on a substantial question of law.
Do I have to pay the tax demand while my appeal is pending?
Not in full. In income tax, stay is normally granted on payment of 20% of the disputed demand. In GST, paying the pre-deposit of 10% of the disputed tax with the first appeal stays recovery of the balance, and a further 10% applies at the Tribunal.
Can a chartered accountant represent me in a tax appeal?
Yes. Chartered accountants are authorised representatives before income tax and GST authorities, the Commissioner (Appeals), the Income Tax Appellate Tribunal and the GST Appellate Tribunal. High Court and Supreme Court appeals and writ petitions are argued by advocates, whom we brief and instruct.
How long does a tax appeal take in India?
It varies by forum and bench. First appeals commonly take one to three years, Tribunal appeals one to two years, and High Court appeals longer. Complete evidence filed early, and a request for early hearing where recovery is pressing, both shorten the path.
Should I settle or fight a tax demand?
It depends on the strength of the facts, the interest and penalty if you lose, the effect of the issue on later years, and cash flow. We give a written view on the odds and the numbers before you commit to either course.
In detail

Tax appeals: deadlines, stay and who appears where

Appeal deadlines and stay

LawForumTime to appealPaying to protect against recovery
Income taxCommissioner (Appeals)30 days from the demand noticeStay normally on 20% of the disputed demand
Income taxIncome Tax Appellate TribunalTwo months from the end of the month the order is communicatedTribunal can grant stay
Income taxHigh Court120 daysAs the court directs
GSTAppellate Authority3 months, plus 1 month for sufficient causeAdmitted tax plus 10% of disputed tax
GSTGST Appellate Tribunal3 months, plus up to 3 months for sufficient causeA further 10% of disputed tax, capped at Rs 20 crore
GSTHigh Court180 daysAs the court directs

Who can appear where

ForumChartered accountantAdvocateWhat is decided
Assessing or adjudicating officer, DGGI, investigation wingYesYesFacts and law. The record is built here.
Commissioner (Appeals), GST Appellate AuthorityYesYesFacts and law; additional evidence with permission
Dispute Resolution PanelYesYesObjections to the draft order
Income Tax Appellate Tribunal, GST Appellate TribunalYesYesThe last forum that decides facts
High Court and Supreme CourtNoYesQuestions of law; writs on jurisdiction and natural justice
Criminal courts (prosecution, bail)NoYesOffences under the tax laws

Assessments for tax years up to 2025-26 continue under the Income-tax Act, 1961; the Income-tax Act, 2025 applies from tax year 2026-27 with the same appeal hierarchy. For a plain guide to choosing who should lead a dispute, see tax litigators in India: CA, advocate or both.

Prepared by the LexVerge editorial team and reviewed by Vijay Dhawan, Managing Partner, on 11 October 2026. Facts checked against the Acts, rules, regulations and judgments cited on this page on 11 October 2026. General information, not legal advice: deadlines run from the date of your notice or order, so confirm them for your matter.

India · LexVerge

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