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The Appellate Tribunal dismissed the appeal u/s 249(4)(b) due to non-payment of advance tax. The assessee did not respond to the notice u/s 142(1) to clarify tax payment. The Tribunal referenced section 234B(1) for interest calculation on advance tax, based on assessed tax. However, the Tribunal interpreted "advance tax payable by him" in section 249(4)(b) as tax due on admitted income, not assessed tax. The assessee had paid tax via TCS on admitted income, eliminating further advance tax liability. The Tribunal set aside the dismissal, remanding for merits consideration. The assessee must respond to further notices promptly. The appeal was allowed for statistical purposes.
The Appellate Tribunal dismissed the appeal u/s 249(4)(b) due to non-payment of advance tax. The assessee did not respond to the notice u/s 142(1) to clarify tax payment. The Tribunal referenced section 234B(1) for interest calculation on advance tax, based on assessed tax. However, the Tribunal interpreted "advance tax payable by him" in section 249(4)(b) as tax due on admitted income, not assessed tax. The assessee had paid tax via TCS on admitted income, eliminating further advance tax liability. The Tribunal set aside the dismissal, remanding for merits consideration. The assessee must respond to further notices promptly. The appeal was allowed for statistical purposes.
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