2014 (3) TMI 1145

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....n merits and dismissing the appeal as not admitted and nonest on the ground of non-payment tax due on income returned u/s 249(4). 2. That the provisions of Sec. 249(4) are not applicable for the purposes of admission of appeal filed before CIT(A) against levy of penalty u/s 140A(3)/221(1) of the I.T. Act. 3. That Without prejudice, after payment of tax due on the income returned, the Ld CIT(A) be please directed to admit and adjudicate the appeal. 4. That without prejudice, on merits, the penalty has been wrongly levied. 5. That without prejudice, in any case, penalty of Rs. 6,42,85,283/- is highly excessive and un reasonable." 3. Apropos ground for non-payment of tax due on income returned u/s 249(4) ....

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....al as per sec. 249(4) of the Act. After perusing the reply of the assessee the ld CIT(A) recorded a finding "to treat the appeal as not admitted" and dismissed the appeal for statistical purposes. 6. At the outset the ld AR submitted that an amount of Rs. 4,50,000/- was remitted before filing the appeal before the ld CIT(A) and thus only Rs. 1,29 82 716/- was outstanding out of self assessed tax liability and Rs. 60,43,028/- was in fact outstanding on account of interest u/s 234B. According to the ld AR the ld CIT(A) dismissed the appeal on the ground of non fulfillment of condition of section 249(4)(a) of the Act and ld AR contended that section 249(4) is not applicable in the case of the appellant against the order u/s 140A(3) read wit....