RAMRAO TUKARAM PATIL,NASHIK vs. ITO, WARD 2(1), , NASHIK
What did the Tribunal hold?
The Tribunal held that the CIT(A)/NFAC was not justified in dismissing the appeal for non-payment of advance tax as there was no undisputed admitted income. The matter was remanded back to the CIT(A)/NFAC for decision on merits.
What were the facts?
The assessee did not file a return of income for AY 2016-17. The AO made an addition of Rs. 1,25,00,000/- as unexplained short-term capital gain from property sale. The CIT(A)/NFAC dismissed the appeal for non-payment of advance tax.
What were the issues?
Whether the appeal can be dismissed in limine for non-payment of advance tax when the income itself is disputed and there was no undisputed admitted income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI INTURI RAMA RAO & SHRI VINAY BHAMORE
आदेश / ORDER
PER INTURI RAMA RAO, AM:
This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 14.02.2024 for the assessment year 2016-17.
Briefly, the facts of the case are that the assessee is an individual, no regular return of income under the provisions of section 139(1) was filed for the A.Y. 2016-17. Based on the information available with the Department, the Assessing Officer (AO) noticed that the assessee sold an immovable property to one Mr. Sanjay Kisan Jagatap for a total consideration of Rs.1,25,00,000/-. In the absence of any compliance to the notices issued u/s.142(1) and submission of documentary proof, the AO vide order dated 08.12.2023 passed u/s.147 r.w.s.144 made addition of Rs.1,25,00,000/- as unexplained short term capital gain.
Being aggrieved by the above addition, an appeal was filed before the CIT(A)/NFAC who vide impugned order dismissed the appeal in limine on the ground that the advance tax has not been paid by the appellant before filing of the present appeal, the present appeal shall not be admitted. Therefore, the present appeal filed is not admitted as per the provisions of section 249(4) of the Act.
Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal.
The ld. Authorised Representative for the assessee submits that the assessee did not file any return of income for the year under consideration as there was no taxable income. The assessee disputes the addition made by the AO and hence the provisions of section 249(4)(b) cannot be invoked. The assessee was not required to pay advance tax on the basis of assessed tax but was only required to pay advance tax, if any, which was payable by him, on the basis of his undisputed admitted income.
The ld. Departmental Representative placing reliance on the orders of the authorities submits that no interference by this Tribunal is called for.
We heard the rival submissions and perused the material on record. Undisputedly, the CIT(A)/NFAC had dismissed the appeal of the appellant in limine invoking the provisions of section 249(4)(b) by holding that the appellant had failed to discharge the advance tax liability. However, there is no material on record to indicate that there was any taxable income but for the addition made by the AO. In the circumstances, there was no liability either to pay the advance tax or pay the self-assessment tax. The CIT(A)/NFAC was not justified in invoking the provisions of section 249(4)(b). Therefore, we remand the matter back to the file of CIT(A)/NFAC to decide the issue in appeal on merits based on the material available on record. Accordingly, the appeal filed by the assessee stands partly allowed.
In the result, the appeal filed by the assessee is partly allowed.
Order pronounced on this 23rd day of July, 2024.
More judgments on Section 139(1)
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Nitinbhai Nanalal Badani, Rajkot vs CIT (Appeals), National Faceless Appeal…ITA 658/RJT/2025[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Nitinbhai Nanalal Badani, Rajkot vs CIT(Appeals), National Faceless Appeal…ITA 485/RJT/2025[2022-23]Status: Disposed19 Oct 2026AY 2022-23
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
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