2025 (7) TMI 140

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....CIT(Appeals) has erred in law and on facts of the case in not admitting the appeal of the assessee. 2.The appellant craves leave to add, amend or alter the grounds of appeal at the time of hearing, if need arise." 3. The facts of the case in brief are that the return filed by assessee on 31.03.2016 for AY.2014-15 was treated as invalid by CPC due to receipt of the ITR-V after due date. The assessee was treated as a non-filler. Subsequently, based on the information from ITO - 1(3)(2), Surat, the case was reopened u/s 147 of the Act. After hearing the assessee, the Assessing Officer (in short, 'AO') passed order u/s 147 r.w.s. 144B of the Act by making addition of Rs. 54,01,224/- u/s 50C of the Act. 4. Aggrieved by the order of AO, the a....

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....onal ground was not raised before the lower authorities. He also submitted that the explanation given by the assessee cannot be accepted. 7. We have heard both the parties and perused the materials available on record. Since the assessee has not filed ROI as well as not paid an amount equal to the advance tax which was payable by it, the appeal was not admitted by the CIT(A). It may be stated that if tax is being paid for same financial year based on estimated income, it would be advance tax. If tax is being paid after end of financial year, it would be self-assessment tax. When Department finds that there has been under-assessment of income and resultant tax is due, it computes the actual amount that ought to have been paid. This demand r....