TaxTMI 
TaxTMI 
2023 (2) TMI 920
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....n law and on facts in dismissing the appeal filed against order dated 04.08.2016 passed under section 154 of the Income Tax Act, 1961 on the ground that, the appellant has not accepted the assessment order and filed an appeal against the order sought to be rectified , therefore he cannot ask for rectification of assessment order , hence the AO has rightly dismissed the rectification request. 2. Because the learned Commissioner of Income Tax(Appeals) has failed to appreciate the facts that appellant has filed the petition for rectification of mistake borne out from the assessment order itself, the learned assessing officer has summarily rejected the application without considering the application without considering the merit of the application. 3. Because the order appealed against is contrary to the facts, law and principles of natural justice." 3. This appeal filed by assessee was heard by Division Bench , Allahabad, U.P. in Open Court Proceedings through physical hearing mode, on 18th January, 2023. While studying appeal file, it was observed that the assessee has deposited an appeal fee of Rs. 500/- which prima-facie appeared to be deficient appeal fee paid by the assessee....
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.... said rectification application filed by the assessee u/s 154 was rejected by the AO, vide rectification order dated 04.08.2016 passed u/s 154 of the 1961 Act, by holding that the assessee's appeal against reassessment order dated 30.03.2016 is pending with ld. CIT(A) and also that the assessee has not filed evidences to substantiate its rectification application. The assessee being aggrieved by the dismissal of its rectification application u/s 154 by the AO, filed first appeal with ld. CIT(A) , which also was dismissed by ld. CIT(A) on the grounds that the appeal filed by the assessee against the reassessment order dated 31.03.2016 passed by AO u/s 143(3) read with Section 147 is pending before ld. CIT(A). On the issue of deficient appeal fee, the ld. Counsel for the assessee has vehemently argued that since this appeal filed by the assessee with ITAT, Allahabad Bench, Allahabad, has arisen from dismissal of rectification application filed by the assessee u/s 154 of the 1961 Act, the appeal fee of Rs. 500/- was rightly paid by the assessee keeping in view provisions of Section 253(6)(d) of the 1961 Act. It was submitted that appeal arising from rectification order u/s 154 shall f....
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....leviability of appeal fee payable under the provisions of Section 253(6) of the 1961 Act , while filing appeal with tribunal. It is observed that reassessment was framed by the AO vide assessment order dated 31.03.2016 passed u/s 143(3) read with Section 148(sic. 147) of the 1961 Act, computing total income of the assessee at Rs. 50,73,010/- against returned income of Rs. 5,82,850/- . The assessee filed appeal against the said assessment order dated 31.03.2016 with ld. CIT(A), which is claimed to be still pending with ld. CIT(A). While framing assessment order dated 31.03.2016, the AO , inter-alia, brought to tax long term capital gains earned by the assessee on sale of shares to the tune of Rs. 39,67,163/- to income-tax, by holding as under: "As per the information obtained from the different institutions of share marketing, a huge amount has been invested by the assessee in purchase and sale of share with Kotak Securities. On the perusal of data vise transaction of equity and derivative segment, ledger statement and receipt & payment details received from Kotak Securities, it found that there is profit of Rs. 39,67,163/- in the head of long term capital gain on the sale and pur....
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....u/s 154 of I.T. Act, 1961 no documentary evidence in respect of her claim has been filed/ produced before the undersigned. Therefore, the application filed u/s 154 is being rejected for want of verification." The assesse being aggrieved by the dismissal of its rectification application by the AO , filed first appeal before ld. CIT(A) , which also stood dismissed by ld. CIT(A) vide appellate order dated 27.09.2022, by holding that the first appeal filed by the assessee with ld. CIT(A) against reassessment order dated 31.03.2016 passed by AO u/s 143(3) read with Section 147 is still pending with ld. CIT(A), by holding as under: "3. In this case return of income was filed on 30.09.2008 declaring total income of Rs.5,82,850/- . Assessment was completed u/s.143(3) r.w.s.147 dated 31.03.2016 on total income of Rs.50,73,010/- . Aggrieved with this order, appellant filed an appeal before CIT(A) and also filed a rectification application u/s.154 before the AO. The Assessing Officer rejected the application filed u/s 154 for want of verification. The appellant filed an appeal before CIT(A) against this order u/s, 154 The present appeal is against rejection of this rectification order. The....
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.... day of October, 1998, irrespective of the date of initiation of the assessment proceedings relating thereto, be accompanied by a fee of,- (a) where the total income of the assessee as computed by the Assessing Officer, in the case to which the appeal relates, is one hundred thousand rupees or less, five hundred rupees, (b) where the total income of the assessee, computed as aforesaid, in the case to which the appeal relates is more than one hundred thousand rupees but not more than two hundred thousand rupees, one thousand five hundred rupees, (c) where the total income of the assessee, computed as aforesaid, in the case to which the appeal relates is more than two hundred thousand rupees, one per cent of the assessed income, subject to a maximum of ten thousand rupees, [(d) where the subject matter of an appeal relates to any matter, other than those specified in clauses (a), (b) and (c), five hundred rupees:] [Provided that no fee shall be payable in the case of an appeal referred to in sub-section (2), or, sub-section (2A) as it stood before its amendment by the Finance Act, 2016, or, a memorandum of cross objections referred to in sub-section (4).]" Thus, it could b....