2011 (7) TMI 960

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....J   1. This appeal by the assessee under s. 260A of the IT Act, 1961 (for short "the Act") is directed against the order dt. 21st Nov., 2006 passed by the Income-tax Appellate Tribunal, Indore Bench (for short "the Tribunal") in IT(SS)A No. 39/Ind/2005 for the block period ast April, 1996 to 26th June, 2002 by which the assessee's appeal against the order dt. 30th Dec., 2004 passed by the ....

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....el for the appellant argued that in the search and the seizare conducted by the Revenue, the Hundis of the assessee were seized. On account of the seizure of Hundis it became impossible for the assessee to have realized the amount of Hundis and to have paid the admitted tax for making the appeal competent. He, however, submitted that by now the Revenue has realized the amount of seized Hundis and ....

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....CIT(A).   6. Having considered the aforesaid subsequent event and undisputed position that by now the amount more than the admitted tax has been recovered by the Revenue out of the seized Hundies, we are of the considered opinion that the defect in the appeal before the CIT(A) due to non-compliance of payment of admitted tax which is a directory requirement can be treated to have been remo....