https://www.taxtmi.com/caselaws?id=758276 The ITAT Ahmedabad held that the Commissioner (Appeals) erred in denying admission of appeal for non-payment of advance tax on disputed capital gains from agricultural land sale. The assessee contended the land was agricultural, making the sale exempt under section 2(14). Following precedent in Balwinder Singh, the Tribunal ruled that where an assessee claims no taxable income exists, the advance tax requirement under section 249(4)(b) should be nil. The Commissioner cannot deny appeal admission based on failure to pay advance tax when the underlying tax liability is genuinely disputed on grounds that no taxable income arose. en-us Thu, 29 Aug 2024 00:00:00 +0530 Tue, 10 Sep 2024 11:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=758276 The ITAT Ahmedabad held that the Commissioner (Appeals) erred in denying admission of appeal for non-payment of advance tax on disputed capital gains from agricultural land sale. The assessee contended the land was agricultural, making the sale exempt under section 2(14). Following precedent in Balwinder Singh, the Tribunal ruled that where an assessee claims no taxable income exists, the advance tax requirement under section 249(4)(b) should be nil. The Commissioner cannot deny appeal admission based on failure to pay advance tax when the underlying tax liability is genuinely disputed on grounds that no taxable income arose. Case-Laws Income Tax Thu, 29 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=758276