SHAHEED BHAGAT SINGH EDUCATION SOCIETY ,MUMBAI vs. ITO (EXEMPTION) WARD 2(3), MUMBAI
What did the Tribunal hold?
The Tribunal considered the rival submissions and perused the available records. It noted that the Learned CIT(A) had dismissed the appeal because of non-payment of self-assessment tax. However, the assessee had provided evidence demonstrating that the self-assessment tax had been paid. Accordingly, the Tribunal found that the CIT(A) was not justified in not admitting the appeal on this basis. The Tribunal directed the Learned CIT(A) to admit the appeal and adjudicate it on its merits. The appeal was allowed for statistical purposes.
What were the facts?
The assessee, Shaheed Bhagat Singh Education Society, filed an appeal against an order of the Commissioner of Income Tax (Appeals), Mumbai. The assessment year in question is 2023-24. The original assessment was framed by the Assessing Officer (AO) under Section 143(1) of the Income Tax Act, 1961. The assessee had declared a total income of Rs. 82,00,950/-, but the AO CPC assessed the total income at Rs. 11,04,51,620/-. The CIT(A) dismissed the assessee's appeal on the grounds that self-assessment tax had not been paid as required by Section 249(4)(a) of the Act. The assessee contended that self-assessment tax had indeed been paid on the returned income.
What were the issues?
1. Whether the Learned CIT(A) was justified in not admitting the assessee's appeal on the ground that self-assessment tax was not paid, as required by Section 249(4)(a) of the Income Tax Act, 1961? Assessee's Contention: The assessee argued that self-assessment tax had been duly paid on the returned income, and therefore, the CIT(A) was not justified in dismissing the appeal on this procedural ground. The assessee submitted evidence to support this claim. Revenue's Contention: The Learned Departmental Representative relied on the order of the Learned CIT(A).
Which sections of the Income-tax Act were involved?
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.
More judgments on Section 249(4)(a)
- Madhusudan Pala, Hyderabad vs DCIT, Circle- 9(1), HyderabadITA 1741/HYD/2025[2009-10]Status: Disposed20 May 2026AY 2009-10
- Madhusudan Pala, Hyderabad vs DCIT, Circle 9(1), HyderabadITA 1739/HYD/2025[2007-08]Status: Disposed20 May 2026AY 2007-08
- Murtuza Hasanali Netterwala, Mumbai vs Incom Tax Officer, CPC, BengaluruITA 6341/MUM/2025[2024-25]Status: Disposed29 Dec 2025AY 2024-25
- Swaminath Baburao Patil, Solapur vs ITO Ward 2(3) Solapur, SolapurITA 832/PUN/2025[2014-2015]Status: Disposed25 Nov 2025AY 2014-2015
- Creative Realmart Private Limited, Jaipur vs Income Tax Officer Ward-3(5), JaipurITA 457/JPR/2025[2014-15]Status: Disposed12 Nov 2025AY 2014-15
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