TaxTMI 
TaxTMI 
TaxTMI 
2018 (2) TMI 1360
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....fficient cause in filing the appeal belatedly. The appeal is admitted. 2. Briefly stated, there was search and seizure operations u/s. 132 of the Income Tax Act [Act] conducted on the residential premises of assessee on 17-10-2007. For the AY. 2008-09, assessee filed return of income disclosing total income at Rs. 61,38,410/-. In the assessment completed u/s. 143(3) dt. 31-12-2009, AO disallowed the expenditure claims to an extent of Rs. 28,20,847/- and also brought to tax the share of consideration received from M/s. Demi Realtos to an extent of Rs. 68,31,25,000/-. On appeal before the Ld.CIT(A)-1, Hyderabad, assessee's contentions were not considered and appeal was dismissed in limine invoking the provisions of Section 249(4)(a) of the A....
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....t as on 30-4-2010 and the first appellate authority, in our considered view, should have condoned the delay in payment and disposed off the appeal on merit. After considering the totality of facts and the circumstances of the case, we are of the view that the issue before the CIT (A) should be decided on merits thereof and accordingly, the impugned order of the CIT (A) is set aside and matter is restored to his file with a direction to admit the appeal of the assessee, after taking on record the evidences of TDS (Corrected to 'Tax' vide M.A. No. 113/Hyd/15 - order being issued separately) deposited by the assessee and then to decide the appeal before him in accordance with law on merits thereof, after allowing reasonable opportunity of hear....
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.... on 29/01/2010 of Rs. 20.28 lakhs and Rs. 7.24 on 30/04/2010. The appeals were filed on 01/02/2010, that means an amount of Rs. 20.28 lakhs paid before filing of the appeals leaving still a balance of Rs. 7.24 lakhs. As on the date of assessment i.e. 31/12/2009, the interest will work out more than the interest of Rs. 7.24 lakhs which is as on the date of filing of return. Therefore, If we consider that the appellant paid the taxes and interest also as on 30/04/2010, then also still balance interest payable will remain by the appellant. Therefore, the appellant has tailed to pay the taxes as per Section 140A before filing of return and also failed to pay exact amount of taxes along with interest before filing the appeals. Therefore, the app....
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....9(4) of the Act categorically stipulate the payment of admitted tax on the returned income as a prerequisite and mandatory condition for admission of an appeal. It is also on record that assessee has paid entire admitted tax and also interest as on 30-04-2010. The ITAT also opined that the First Appellate Authority should have condoned the delay and should have disposed of appeal on merits. Inspite of clear directions on the issue, we are of the opinion that the CIT(A) has exceeded the jurisdiction and dismissed the appeal again in limine considering that assessee has not paid further interest, the calculation of which was not placed on record, nor assessee is aware about it. 7.1. The issue whether 'admitted tax' includes interest also is ....
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....ee contending that appeal is maintainable. We are of the opinion that Ld.CIT(A), instead of deciding the appeal on merits as directed by the ITAT, took up a wrong issue in dismissing the appeal in limine again . 7.3. In the course of arguments, Ld.DR, relied on the provisions of Section 140A. The provisions of Section 140A are as under: "Self-assessment Section 140A - (1) Where any tax is payable on the basis of any return required to be furnished under [ [section 115WD or section 115WH or] section 139 or section 142 [or section 148 or [section 153A or], as the case may be, section 158BC]], [after taking into account, - (i) the amount of tax, if any, already paid under any provision of this Act; (ii) any tax deducted or collect....