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“Section 249(4)”

Section References (mined)Section 249Section 249(4)422 judgments

The decision most relied on for Section 249(4) is Pr. CIT v. Golden Peace Hotels and Resorts (P) Ltd. (124 Taxmann.com 249), cited in 105 judgments on BharatTax.

Leading authorities on Section 249(4)

Pr. CIT v. Golden Peace Hotels and Resorts (P) Ltd.
124 Taxmann.com 249 · 2021 · Supreme Court
105
citing judgments

A penalty levied under Section 271(1)(c) is not sustainable if the notice issued under Section 274 fails to specifically mention whether the charge relates to concealment of income or furnishing inaccurate particulars of income. The Assessing Officer must specify the exact charge for the penalty to be valid.

Trust (249 ITR 533) (Bom.) 3. CIT vs. Red Rose School (163 Taxman 19 (All.) 4. DIT(E) v. Alarippu (
172 ITR 698 · 1988 · High Court
61
citing judgments

Income received by a trust from sources like extra fees can be taxed at the maximum marginal rate, while other income remains eligible for exemption under Section 11 of the Income Tax Act.

11th June, 1996. 4. In Trustees of H.E.H. the Nizam’s Supplemental Family Trust v. CIT
242 ITR 381 · 2000 · Supreme Court
32
citing judgments

Reassessment proceedings under Section 148 of the Income Tax Act cannot be initiated unless the assessment proceedings based on a previously filed return have been terminated. Notice for reassessment cannot be issued while original assessment proceedings are pending.

ITO v. Seth Bros. (SC)
74 ITR 836 · 1969 · Reported
24
citing judgments

Evidence collected during an illegal search can still be used against the assessee. An assessment made based on such evidence is valid.

CIT v. Ashoka Engineering Co.
194 ITR 645 · 1992 · Supreme Court
15
citing judgments

The right of appeal is conferred by statute and should be interpreted liberally and practically. Whether a right to appeal is available should be guided by the form, not the substance, of the order.

Hotel Sai Siddi (P) Ltd. v. DCIT
13 Taxmann.com 155 · 2011 · Reported
14
citing judgments

An assessee's appeal should be admitted if they incurred a loss and were therefore not liable to pay advance tax as required by section 249(4)(b). In such cases, the appeal should be decided on its merits by the CIT(A).

Komalakshi v. Dy. CIT
292 ITR 99 · 2007 · High Court
14
citing judgments

Admission of an appeal before the CIT(A) is subject to the mandatory condition of payment of tax due on the income returned by the assessee.

Vishnusharan Chandravanshi v. ITO
161 Taxmann.com 803 · 2024 · Reported
13
citing judgments

An assessee is not obligated to compute and pay advance tax under sections 208 and 209 if they have no taxable income. Consequently, an appeal should not be dismissed for non-payment of advance tax in such circumstances.

Judgments citing Section 249(4)

Mohammed Abdus Sattar, Hyderabad vs. ACIT, Central Circle-2(3), Hyderabad

In the result, all these appeals are allowed for statistical purposes

ITA 429/HYD/2024[2019-20]Status: DisposedITAT Hyderabad31 Jul 2024AY 2019-20

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No. 423 To 425/Hyd/2024 (िनधा"रण वष" / Assessment Year: 2013-14, 2017-18 & 2019-20) Farida Banu, Acit, Central C/O: P Murali & Co, Chartered Accountants, 6 – Vs. Circle-2 (3), 3 – 655/2/3, Somajiguda, Hyderabad-500082. Hyderabad [Pan :Afqpb6398R] अपीलाथ" / Appellant "" यथ" / Respondent आ.अपी.सं / Ita No. 426 To 429/Hyd/2024 (िनधा"रण वष" / Assessment Year: 2013-14, 2016-17, 2017-18 & 2019-20) Mohammad Abdus Sattar, Acit, Central C/O: P Murali & Co, Chartered Accountants, 6 – Vs. Circle-2 (3), 3 – 655/2/3, Somajiguda, Hyderabad-500082. Hyderabad [Pan :Aprps9709Q अपीलाथ" / Appellant "" यथ" / Respondent िनधा""रती "ारा/Assessee By: Shri P. Murali राज" व "ारा/Revenue By: Ms. Sheetal Sarin, Dr सुनवाई की तारीख/Date Of Hearing: 31 /07/2024 घोषणा की तारीख/Pronouncement On: 31/07/2024

For Appellant: Shri P. MuraliFor Respondent: Ms. Sheetal Sarin, DR
Section 132BSection 149Section 249Section 249(4)(a)

appeal filed by the assessees are not liable to be admitted for non-payment of admitted tax as per the provisions contained in section 249(4)(a) of the Income Tax Act, 1961 (for short “the Act”). Learned AR cited the decision of a coordinate Bench of this Tribunal ... filed by the assessee’s are not liable to be admitted for non- payment of admitted tax as per the provisions contained in section 249 (4) (a) of the Act. To this fact situation, the decision of the coordinate Bench in the case of Heena Kauser (supra) is applicable