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    <title>2023 (12) TMI 1344 - ITAT INDORE</title>
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    <description>An appeal dismissed in limine for non-payment of tax due on returned income under section 249(4)(a) was later reconsidered after the assessee produced challans showing subsequent payment of the admitted tax. The assessee sought restoration of the appeal for decision on merits, and the Revenue raised no objection to remand. In these circumstances, the earlier refusal to entertain the appeal was not treated as conclusive, and the matter was set aside to the CIT(A) for fresh adjudication after considering the subsequent payment and the explanation for delay, with an opportunity of hearing to the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=456872</link>
      <description>An appeal dismissed in limine for non-payment of tax due on returned income under section 249(4)(a) was later reconsidered after the assessee produced challans showing subsequent payment of the admitted tax. The assessee sought restoration of the appeal for decision on merits, and the Revenue raised no objection to remand. In these circumstances, the earlier refusal to entertain the appeal was not treated as conclusive, and the matter was set aside to the CIT(A) for fresh adjudication after considering the subsequent payment and the explanation for delay, with an opportunity of hearing to the assessee.</description>
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