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“Section 249(4)(a)”

Section References (mined)Section 249Section 249(4)(a)74 judgments

The decision most relied on for Section 249(4)(a) 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)(a)

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)(a)

Ashok Kumar, Raipur vs. Income Tax Officer, Ward-4(1), Raipur

In the result the appeal filed by the assessee is partly allowed, in terms of our observations

ITA 296/RPR/2023[2017-18]Status: DisposedITAT Raipur18 Oct 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No: Ita296/Rpr/2023 (Assessment Years: 2017-18) Ashok Kumar, V Income Tax Officer- Ward 4(1), B-11, Pink City, Gayatri Nagar, S Central Revenue Building, Civil Lines, Raipur, 492007 (C.G.) Near Akashwani, Raipur (C.G.) Pan: Bgnpk9988H (अपीलाथ"/Applicant) (""यथ" / Respondent) .. िनधा"रतीक"ओरसे /Assessee By : Shri Prafulla Pendse, Ca राज"वक"ओरसे /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 13-10-2023 घोषणाक"तार"ख/Date Of Pronouncement : 18-10- 2023 आदेश / O R D E R Per Arun Khodpia, Am:

For Appellant: Shri Prafulla Pendse, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 115BSection 133(6)Section 147Section 194CSection 249Section 250Section 69

intimated to the assessee by 4 Ld. CIT(A). The appeal of the assessee was dismissed in view of the provisions of Sections 249(4) of the Act. 5. Again, dissatisfied with the order of Ld. CIT(A), NFAC, now the assessee has filed the instant appeal before ... appellant fail to remove the deficiency, the appeal filed by the appellant cannot be admitted, in view of the provisions of section 249(4) of the IT Act, 1961 and the same is not maintainable”. From such observations of the Ld. CIT(A), if the same are read with notice