SRINIVAS GADHE,WARANGAL vs. INCOME TAX OFFICER, WARD-1, WARANGAL

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ITA 650/HYD/2024Status: DisposedITAT Hyderabad18 July 2024AY 2017-18Bench: Shri Manjunatha, G. (Accountant Member)5 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) erred in dismissing the appeal on a technical ground without considering the assessee's claim of income being below the taxable limit for advance tax. The matter was restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee did not file an income tax return for AY 2017-18. The Assessing Officer made a best judgment assessment, adding income from cash deposits and estimating profit on sales. The CIT(A) dismissed the assessee's appeal on a technical ground related to advance tax payment.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal on a technical ground without adjudicating the merits of the assessee's claim regarding income below the advance tax threshold.

Which sections of the Income-tax Act were involved?

Section 144,Section 69A,Section 115BBE,Section 249(4)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘SMC‘ Bench, Hyderabad

Before: Shri Manjunatha, G.

Hearing: 18/07/2024

आयकर अपील�य अ�धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘SMC‘ Bench, Hyderabad Before Shri Manjunatha, G. Accountant Member आ.अपी.सं / (िनधा�रण वष�/Assessment Year: 2017-18) Shri Srinivas Gadhe Vs. Income Tax Officer Warangal Ward 1 PAN:AEKPG3812L Warangal (Appellant) (Respondent) िनधा��रती �ारा/Assessee by: Smt. S Sandhya, Advocate राज� व �ारा/Revenue by:: Shri G. V P Pavan Kumar,DR सुनवाई की तारीख/Date of hearing: 18/07/2024 घोषणा की तारीख/Pronouncement: 18/07/2024 आदेश/ORDER

This appeal filed by the assessee is directed against the order dated 14/09/2023 of the learned CIT (A)-NFAC Delhi, relating to A.Y.2017-18.

2.

At the outset, we find that there is a delay of 229 days in filing of the appeal by the assessee for which a petition for condonation of delay along with an affidavit explaining the reasons for such delay in filing of the appeal was filed. After hearing both the sides and considering the relevant reasons given by the appellant for not filing the appeal in time, we are of the considered view that the reasons given by the appellant that the order of the learned CIT (A) was communicated to wrong email address appears to be reasonable and bonafide. Thus, we condone the delay in filing of the appeal and admit the appeal for adjudication.

3.

The brief facts of the case are that the assessee is an individual and has not filed his return of income for the A.Y 2017- 18. Notice u/s 14291) of the I.T. Act, 1961 dated 14.03.2018 was issued and called upon the assessee to furnish the return of income in respect of which the assessee is assessable under the Act. The said notice was served on the assessee through email id available in the earlier return of income filed. The assessee neither appeared nor filed any return of income. The assessee also failed to explain the source for cash deposits during the demonetization period. Therefore, the Assessing Officer passed the best judgment assessment order u/s 144 of the I.T. Act, 1961 and determined the total income of the assessee at Rs.10,44,768/- by estimating 8% profit on gross sales and addition of Rs.10.00 lakhs towards cash deposit u/s 69A of the I.T. Act, 1961 r.w.s. 115BBE of the Act.

4.

Being aggrieved by the assessment order, the assessee preferred an appeal before the learned CIT (A). The learned CIT (A) dismissed the appeal filed by the assessee on technical ground by invoking the provisions of section 249(4)(b) of the I.T. Act, 1961 on the ground that the assessee has failed to pay advance tax equal to the amount of tax payable for the relevant A.Y.

5.

Aggrieved by the order of the learned CIT (A), the assessee is in appeal before us.

6.

The learned Counsel for the assessee submitted that the learned CIT (A) erred in dismissing the appeal filed by the assessee on totally technical ground by invoking the provisions of section 249(4)(b) of the Act, without appreciating the fact that the assessee does not have taxable income for the A.Y 2017-18 and thus, the question of payment of advance tax does not arise and for this reason, the learned CIT (A) should not have dismissed the appeal filed by the assessee.

7.

The learned DR, on the other hand, supporting the orders of the learned CIT (A) submitted that the assessee is a non- filer and also not paid any advance tax even though he has taxable income of Rs.10,44,768/- which is evident from the assessment order passed by the Assessing Officer. Since the appellant has not paid advance tax, the learned CIT (A) has rightly dismissed the appeal filed by the assessee and the order of the learned CIT (A) should be upheld.

8.

I have heard both the parties, perused the material available on record and gone through the orders of the authorities below. It is the case of the assessee that his taxable income for the A.Y in question does not exceed the maximum amount which is chargeable to tax for payment of advance tax. Since the taxable income for the A.Y in question does not exceed the maximum amount of income chargeable to tax, the assessee did not pay any advance tax. I find that the assessee has filed the relevant evidences including the necessary bank statement and argued that the total taxable income of the assessee for the A.Y in question is less than the taxable limit. Once the assessee claims that his income is below the taxable limit, then the learned CIT (A) cannot dismiss the appeal by invoking the provisions of section 249(4)(b) of the Act, unless he proves that the appellant income for the relevant A.Y is in excess of the amount of income liable for tax. Even assuming for a moment, the assessee is having income which is in excess of maximum amount liable for tax, still he can move an application in this behalf before the Jt. Commissioner of Appeals or Commissioner of Income Tax (A), for the good and sufficient reasons to be recorded in writing exempt him from operation of provision of clause (b) of sub-section (4) of section 249 of the I.T. Act, 1961. Since the learned CIT (A) dismissed the appeal filed by the assessee, without following due procedure provided under the Act, in my considered view, the issue needs to go back to the file of the learned CIT (A) for fresh adjudication. Thus, I set aside the order passed by the learned CIT (A) and restore the issue in light of the argument of the assessee that it does not require to pay advance tax, because of his income below the maximum amount liable for tax for the impugned A.Y in light of any evidences, that may be filed by the assessee and decide the issue in accordance with law.

9s. In the result, appeal filed by the assessee is allowed for statistical purposes.

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