2023 (2) TMI 920 - AT - Income Tax

Appeal Upheld in Income Tax Rectification Case, Appellant Directed to Pay Differential Fee

Dr. Aroti Ghosh Versus The Income Tax Officer Ward 1 (1), Allahabad

The appeal against the dismissal of the rectification application under Section 154 of the Income Tax Act, 1961 was upheld by the tribunal. The appellant ... Appeals to the Appellate Tribunal - appeal fee - computation of total income assessed by the AO to which this appeal relates - DR has objected to the appeal fee of Rs. 500/- deposited by the assessee while filing this appeal, and it was submitted by ld. Sr. DR that the appeal fee as stipulated under Section 253(6)(c) amounting to Rs. 10,000/- is to be paid while filing this instant appeal with tribunal - HELD THAT:- As in the instant appeal filed by the assessee with tribunal, the appeal fee of Rs. 10,000/- shall be leviable u/s 253(6)(c) of the 1961 Act. We clarify that we have restricted our discussions and decision to the actual factual matrix of the case before us, and so far as other facts situations contended by the assessee, it is merely academic so far as this appeal is concerned and hence not adjudicated by us. Since now we have now held that an appeal fee of Rs. 10,000/- shall be payable by the assessee while filing this appeal with tribunal keeping in view provisions of Section 253(6)(c) of the 1961 Act , and the assessee has only deposited an appeal fee of Rs. 500/-, we direct assessee to deposit the differential appeal fee amount to Rs. 9,500/- on or before 6th March , 2023 with Government Treasury , and file the paid challan with Registry latest by 09th March, 2023, failing which appeal of the assessee shall stand dismissed . Issues Involved:1. Dismissal of the rectification application under Section 154 of the Income Tax Act, 1961.2. Deficiency of appeal fee paid by the appellant under Section 253(6) of the Income Tax Act, 1961.Detailed Analysis:1. Dismissal of the Rectification Application under Section 154 of the Income Tax Act, 1961:The assessee filed an appeal against the appellate order dated 27.09.2022 passed by the Commissioner of Income-tax (Appeals), which arose from a rectification order dated 04.08.2016 passed by the Income Tax Officer (ITO) under Section 154 of the Income Tax Act, 1961. The grounds of appeal included the claim that the Commissioner of Income Tax (Appeals) erred in dismissing the appeal on the basis that the appellant had not accepted the assessment order and had filed an appeal against the order sought to be rectified. The appellant contended that the rectification application was summarily rejected without considering its merits.The assessee had filed a rectification application on 10.06.2016, arguing that the long-term capital gains arising from the transfer of equity shares should be exempt under Section 10(38) of the Income Tax Act, 1961. The AO dismissed the rectification application on 04.08.2016, stating that the appeal against the reassessment order was pending and that no evidence was provided to substantiate the rectification claim. The Commissioner of Income Tax (Appeals) upheld the AO's decision, noting that the issues emanated from the order under Section 143(3) read with Section 147, which was still under consideration, and hence the rectification request was rightly dismissed.2. Deficiency of Appeal Fee Paid by the Appellant under Section 253(6) of the Income Tax Act, 1961:During the proceedings, it was observed that the assessee had deposited an appeal fee of Rs. 500, which appeared to be deficient. The tribunal considered the provisions of Section 253(6) of the Income Tax Act, 1961, which stipulates the appeal fee based on the total income computed by the AO. The counsel for the assessee argued that the appeal arose from the dismissal of a rectification application under Section 154 and hence fell under the residuary clause (d) of Sub-section (6) of Section 253, warranting an appeal fee of Rs. 500. However, the Senior Departmental Representative (DR) contended that the appeal fee should be Rs. 10,000 under Section 253(6)(c), as the rectification application directly impacted the computation of the total income assessed by the AO. The tribunal agreed with the DR, noting that the rectification application had a direct bearing on the total income computation, and hence the appeal fee of Rs. 10,000 was applicable.The tribunal directed the assessee to deposit the differential appeal fee of Rs. 9,500 by 6th March 2023 and to file the paid challan with the Registry by 9th March 2023. Failure to comply would result in the dismissal of the appeal. The tribunal ordered the Registry to list the appeal for compliance on 10th March 2023.Order Pronounced:The order was pronounced in Open Court on 21/02/2023 at Allahabad, U.P.