Section 62 IT Act: Appeal to High Court

Information Technology Act, 2000

Section 62 IT Act at a Glance

Section 62 IT Act lets anyone aggrieved by an Appellate Tribunal decision or order appeal to the High Court within 60 days on fact or law. For sufficient cause, the High Court may allow up to 60 further days.

Section 62 IT Act Bare Act Text

62. Appeal to High Court.

Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of fact or law arising out of such order:

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

Amendments to this section
  • Subs. by 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017).

Section 62 IT Act in Simple Words

Section 62 IT Act provides the right to appeal from the Appellate Tribunal to the High Court. Any person aggrieved (adversely affected) by any decision or order of the Appellate Tribunal may file an appeal to the High Court. The appeal may raise any question of fact (a dispute over facts on the record) or any question of law (a dispute over legal meaning or application) arising out of that order.

Under Section 62 IT Act, the appeal must be filed within 60 days from the date the Appellate Tribunal's decision or order is communicated to the aggrieved person. Under the proviso to Section 62 IT Act, if the High Court is satisfied that the appellant was prevented by sufficient cause (a valid reason preventing timely filing) from filing within those 60 days, the High Court may allow the appeal to be filed within a further period not exceeding 60 days.

The Finance Act, 2017 (Act 7 of 2017) substituted "Appellate Tribunal" for "Cyber Appellate Tribunal" in Section 62 IT Act with effect from 26 May 2017.

When Section 62 IT Act Applies

  • The appellant must be a person aggrieved by a decision or order of the Appellate Tribunal.
  • The appeal to the High Court must be on a question of fact or law arising out of that order.
  • The normal time limit is 60 days from the date the decision or order of the Appellate Tribunal is communicated to the person.
  • Under the proviso to Section 62 IT Act, on being satisfied of sufficient cause for the delay, the High Court may allow filing within a further period not exceeding 60 days.

Example of Section 62 IT Act

Pema, an entrepreneur in Madurai, receives communication of an adverse order passed by the Appellate Tribunal on 1 March. Under Section 62 IT Act, Pema has 60 days from 1 March to file an appeal in the High Court on a question of fact or law arising out of that order. Because of a serious medical emergency, Pema misses the initial 60 days and files the appeal 35 days after that initial period ends, submitting medical records to explain the delay. Because the 35 days of delay fall within the further period not exceeding 60 days, the High Court may allow the appeal to be filed under the proviso to Section 62 IT Act if satisfied that sufficient cause prevented timely filing.

When Section 62 IT Act Does Not Apply

  • Under the proviso to Section 62 IT Act, an appeal filed after the initial 60 days from communication is not allowed unless the High Court is satisfied that sufficient cause prevented the appellant from filing within those 60 days.
  • Under the proviso to Section 62 IT Act, even where sufficient cause is shown, the High Court's power to allow late filing is limited to a further period not exceeding 60 days.

FAQs on Section 62 IT Act

What is Section 62 IT Act?▼

Section 62 IT Act allows any person aggrieved by a decision or order of the Appellate Tribunal under the Information Technology Act, 2000 to file an appeal to the High Court within 60 days of communication on any question of fact or law. If satisfied that sufficient cause prevented filing in time, the High Court may allow filing within a further period not exceeding 60 days.

What is the time limit to appeal to the High Court under Section 62 IT Act?▼

60 days. Under Section 62 IT Act, the appeal must be filed within 60 days from the date on which the Appellate Tribunal's decision or order is communicated to the aggrieved person.

Can the High Court condone a delay in filing an appeal under Section 62 IT Act?▼

Yes. Under the proviso to Section 62 IT Act, if the High Court is satisfied that sufficient cause prevented the appellant from filing within the first 60 days, the High Court may allow the appeal within a further period not exceeding 60 days.

Can an appeal under Section 62 IT Act raise questions of fact as well as law?▼

Yes. Section 62 IT Act expressly permits an appeal to the High Court on any question of fact or law arising out of the Appellate Tribunal's order.

Who can file an appeal to the High Court under Section 62 IT Act?▼

Any person aggrieved. Under Section 62 IT Act, any person aggrieved by a decision or order of the Appellate Tribunal may file an appeal to the High Court within 60 days of communication of that decision or order.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·