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Income Tax Appellate Tribunal, PUNE BENCH, ‘B’ PUNE
Before: SHRI R.S. SYAL & SHRI S.S.VISWANETHRA RAVI
आदेश / ORDER
PER R.S. SYAL, VP :
This appeal by the assessee is directed against the order dt. 21-01-2023 passed by the CIT(A) in National Faceless Appeal Centre (NFAC) u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18.
The appeal is time barred by 85 days. The assessee has filed an affidavit explaining the reasons for the delay. We are satisfied with the reasons so stated. Therefore, the delay is condoned and the appeal is admitted for disposal on merits.
Shashi Structural Engineers Private Limited
We have heard both the sides and gone through the relevant material on record. Shorn off unnecessary details, it is seen that the assessee filed appeal before the ld. CIT(A) which was dismissed on the preliminary issue of the assessee not having satisfied the conditions of section 249(4) of the Act. The ld. CIT(A) observed that the tax payable as on the date of filing of the return of income was Rs.53,38,200/- and the assessee had paid only a sum of Rs.29,98,181/- as self-assessment tax. The ld. AR has brought to our notice the fact of the assessee’s return for the A.Y. 2022-23 having been processed on 14-04-2023 determining refund of Rs.1,03,68,414/-. Our attention has further been invited towards pages 66, 68 and 69 of the paper book showing the adjustment of refund for the A.Y. 2022-23 against the demand of the assessee for various years including the year under consideration. A sum of Rs.69,74,612/- has been adjusted in respect of the assessment year under consideration against the refund for the A.Y. 2022-213. This shows that the amount of tax payable by the assessee with reference to the returned income for the year in appeal, now stands duly paid.
The Hon’ble Karnataka High Court in CIT Vs. K. Satish Kumar Singh (2012) 02 KAR CK 0004 has held that where tax is paid subsequently, the appeal which was earlier dismissed by the first appellate authority for violation of section 249(4), gets revived. In Shashi Structural Engineers Private Limited view of the admitted factual position that the amount of tax payable by the assessee with reference to the returned income for the year under consideration now stands fully adjusted against the refund for the A.Y. 2022-23, we are satisfied that the assessee deserves disposal of its appeal on merits. We, therefore, set-aside the impugned order and direct the ld. CIT(A) to pass the order on merits of the appeal. Needless to say, the assessee will be allowed an opportunity of hearing.
In the result, the appeal is allowed for statistical purposes.
Order pronounced in the Open Court on 01st August, 2023.