Facts
The assessee, a trust, filed its return of income for AY 2023-24. The AO CPC assessed a significantly higher total income. The CIT(A) dismissed the appeal without admitting it on the ground that self-assessment tax was not paid.
Held
The Tribunal found that the assessee had submitted evidence of paying the self-assessment tax. Therefore, the CIT(A)'s decision to dismiss the appeal was not justified, and the matter was remanded.
Key Issues
Whether the CIT(A) was justified in dismissing the appeal for non-payment of self-assessment tax when evidence of payment was provided.
Sections Cited
143(1), 249(4)(a)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, G BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI JAGADISH
Aforesaid appeal filed by the assessee is against the order of Learned Commissioner of Income Tax, Appeal, Mumbai [hereinafter “CIT(A)”] dated 06.03.2025 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s 143(1) of the Income Tax Act, 1961 (hereinafter “the Act”) dated 05.12.2024.
The assessee is a trust and filed the return of income on 31.12.2023 showing total income at Rs.82,00,950/-. The AO CPC in intimation issued u/s 143(1) has assessed the total income at Rs.11,04,51,620/-.
On appeal, the Ld. CIT (A) did not admit the appeal on the ground that assessee has not paid the self assessment tax as required u/s 249(4)(a).
The Ld. Authorised Representative (AR) has submitted the evidence that self assessment has been duly paid on the return income, therefore, the Ld. CIT (A) was not justified to dismiss the appeal.
The Ld. Departmental Representative (DR) relied on the order of Ld.
CIT(A).
We have considered the rival submissions and perused the material available on the record. We find that Ld. CIT(A) has not admitted the appeal on the ground that self assessment tax has not been paid. The assessee has submitted evidence showing that self assessment tax has been paid. Accordingly, we direct the Ld. CIT(A) to admit the appeal and adjudicate the appeal on merit.
In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced on 23rd day of January, 2026 at Mumbai.
Sd/- Sd/-
(SAKTIJIT DEY) (JAGADISH) VICE PRESIDENT ACCOUNTANT MEMBER Mumbai, Dated: 23/01/2026. Ashwani Rao Sr. Private Secretary