1981 (9) TMI 191 - AT - Income Tax

Appellate Tribunal overturns CIT(A) order for non-payment, stresses appeal rights. Case remanded for re-examination.

The Appellate Tribunal set aside the CIT(A)'s order rejecting the appeal due to non-payment of tax before filing. Emphasizing the importance of the right ... - Issues:1. Rejection of appeal by CIT(A) for non-payment of tax before filing the appeal.2. Interpretation of Section 249(4) of the Income Tax Act regarding payment of tax for admission of appeal.3. Consideration of the right of appeal as a valuable right and the liberal interpretation required for such rights.4. Assessment of the CIT(A)'s decision to reject the appeal and the need for a fresh disposal of the case.Detailed Analysis:1. The appellant raised a ground that the Commissioner of Income Tax (Appeal) erred in rejecting the appeal without considering the merits due to non-payment of tax before filing the appeal. The CIT(A) dismissed the appeal in limine against the assessment for the assessment year 1976-77, citing non-payment of tax on the admitted income shown in the return.2. Section 249(4) of the Income Tax Act mandates payment of tax on the returned income before admitting an appeal. The CIT(A) noted that the appellant had not paid the required tax amount, despite a notice issued by the Income Tax Officer. The CIT(A) found the appellant to be a chronic defaulter and rejected the claim for exemption from the provisions of Section 249(4).3. The right of appeal is considered valuable, and its deprivation should not be taken lightly. The Hon'ble Delhi High Court and the Supreme Court have emphasized the importance of interpreting appeal rights liberally to avoid unnecessary restrictions. The CIT(A) was criticized for not properly considering the appellant's right to appeal and for focusing on irrelevant considerations in rejecting the appeal.4. The Appellate Tribunal set aside the CIT(A)'s order and directed a fresh disposal of the case. The Tribunal found that the CIT(A) had not appropriately considered all relevant facts and issues, including the payment made by the appellant. The case was remanded for a re-examination of the issues and a speaking order by the CIT(A) on both assessment issues, emphasizing the need for a reasonable and just interpretation of tax laws.In conclusion, the Tribunal allowed the appeal for statistical purposes and ordered a fresh disposal of the case by the CIT(A) to ensure a fair consideration of the appellant's right to appeal and compliance with the provisions of the Income Tax Act.