HIRA SINGH SON OF SH. KULWANT SINGH VILLAGE IRAQ POST OFFICE TAKHRA MACHHIWARA DISTRICT LUDHIANA,PUNJAB vs. THE INCOME TAX OFFICER WARD-5, KHANNA, PUNJAB
What did the Tribunal hold?
The Tribunal held that the CIT(A) was not justified in dismissing the appeal on the ground of non-deposit of advance tax when the assessee disputed the tax liability and contended no advance tax was due. The matter was restored to the CIT(A) for a decision on merits.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) for non-deposit of advance tax. The assessee contended that no advance tax was due as they were not liable to file an income tax return, and the dispute concerned agricultural land sale proceeds not being a capital asset.
What were the issues?
Whether an appeal can be dismissed for non-deposit of advance tax when the assessee disputes the tax liability and claims no advance tax is payable. Whether the proceeds from the sale of agricultural land are taxable.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
आयकर अपील�य अ�धकरण,च�डीगढ़ �यायपीठ, च�डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘B’, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER आयकर अपील सं./ �नधा�रण वष� / Assessment Year : 2012-13 बनाम Hira Singh The ITO, s/o Shri Kulwant Singh, Ward-5, Village I raq Khanna Post Office Takhra Machhiwara District Ludhiana �थायी लेखा सं./PAN NO: FOTPS5351Q अपीलाथ�/Appellant ��यथ�/Respondent ( HYBRID HEARING ) �नधा�रती क� ओर से/Assessee by : Shri Sudhir Sehgal, Advocate राज�व क� ओर से/ Revenue by : Shri Danish Abdullah, JCIT, Sr.DR सुनवाई क� तार�ख/Date of Hearing : 19.08.2024 उदघोषणा क� तार�ख/Date of Pronouncement : 21.08.2024 आदेश/Order Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against the order dated 12.01.2024 of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (NFAC).
The Assessee in this appeal has assailed the action of the CIT(A) in dismissing the appeal of the Assessee by invoking the provisions of -Chd-2024 Hira Singh, Ludhiana 2 Section 249(4)(b) of the Income Tax Act, 1961 (in short 'the Act') on account of non-deposit of the advance tax.
We have heard the rival contentions and gone through the record. The ld. CIT(A) has dismissed the appeal of the Assessee observing that the Assessee had not deposited the advance tax due before filing the appeal. However, the ld. Counsel for the Assessee has demonstrated that the necessary evidences were filed before the ld. CIT(A) and it was explained that the Assessee was not required to file Income Tax return and, therefore, there was no question of deposit of any advance tax. Further, it was also explained that the dispute was relating to the unaccounted cash found deposited in the bank account of the Assessee of Rs. 25,02,500/-. It was explained that the Assessee was just a student of XII class and cash in question was deposited by his father, which was out of sale proceeds of agricultural land and further that the said agricultural land did not fall within the definition of capital asset as defined u/s 2(14) of the I.T. Act and, therefore, the proceeds from sale of the land were not taxable at all. However, the ld. CIT(A) without considering the above submissions of the Assessee dismissed the appeal of the Assessee.
When the Assessee has disputed the tax liability determined by the Assessing Officer and the Assessee has contended that the Assessee was not liable to deposit any advance tax, then, in our view, the ld. CIT(A) was not justified in dismissing the appeal on the ground of -Chd-2024 Hira Singh, Ludhiana 3 maintainability of non-deposit of advance tax. The ld. CIT(A), under the circumstances, was supposed to admit the appeal and decide the issue on merits. The matter, therefore, is restored to the file of the ld. CIT(A) with a direction that the ld. CIT(A) will consider the submissions of the Assessee and decide the appeal of the Assessee on merits by way of a speaking order. Needless to say that the ld. CIT(A) will give proper opportunity to the Assessee to present his case and to furnish necessary evidences and details. The Assessee is also directed to present his case before the Ld. CIT(A) as and when called for and will not contribute in unnecessary delay in the hearing of the appeal.
In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced on 21.08.2024.
More judgments on Section 249(4)(b)
- Babu Gundlapalle, Chittoor vs Income Tax Officer, Ward-1, ChittoorITA 2093/HYD/2026[2016-17]Status: Disposed16 Oct 2026AY 2016-17
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- Late Shri Shreeram Rekhai Prasad Singh… vs Income Tax Officer, Ward 41(3)(4), MumbaiITA 4518/MUM/2026[2017-18]Status: Disposed11 Sept 2026AY 2017-18
- Inderpreet Singh, Payal, Ludhiana vs ITO-Ward 1, KhannaITA 983/CHANDI/2026[2018-2019]Status: Disposed9 Sept 2026AY 2018-2019
- Inderpreet Singh, Ludhiana vs ITO-Ward 1, KhannaITA 982/CHANDI/2026[2018-2019]Status: Disposed9 Sept 2026AY 2018-2019
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