Smt. Sulochana Ramesh, Bengaluru vs. The ACIT, Central Circle- 2(2), Bengaluru
In the result, the assessee’s appeal is allowed for statistical purposes
ITA 1120/BANG/2022[2014-15]Status: DisposedITAT Bangalore20 Feb 2023AY 2014-15
Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2014-15
For Appellant: Smt. Sunaina Bhatia, AdvocateFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 132Section 139(9)Section 144Section 153CSection 249(4)(b)Section 294(4)
…held that the compliance of the provisions of Section 249 of the Act are mandatory. Same ratio was laid down in the case of Smt. M R Prabavathy v ACIT 262 ITR 501. This was also observed so by the Hon'ble Supreme Court in the case of CIT v Pawan Kumar Laddha 324 ITR 324 that the compliance of the provisions of Section 249(4)(a) is mandatory. In fact, in the case of Pesco Beam Environmental Solutions (P.) Ltd. v. Deputy Commissioner of Income Tax, Corporate Circle-5(2) [20201119 taxmann.com 123 (Madras) the High Court even held that the statute does not give any discretion to appellate authority to entertain an a…