2025 (8) TMI 185

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....sdictional assessing officer and subsequently, issued notice u/s 148 of the Act on 27.04.2022. In response to the said notice, the assessee did not file any return of income. The case was selected for scrutiny and during the course of assessment proceedings, notice u/s 142(1) of the Act has been issued on various dates and called upon the assessee to explain the source for the cash deposited into bank account. In response, the assessee submitted that he, along with his family members has sold an agricultural land, admeasuring 5.2 acres for a consideration of Rs. 1,60,00,000/- and out of the consideration received from the sale of his share of property, the cash has been deposited into the bank account. The Assessing Officer after considerin....

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....he Act, where, the appellant not required to pay taxes, if income does not exceed Rs. 5,00,000/-. The Ld.CIT(A), without considering the facts simply dismissed the appeal filed by the assessee by wrongly interpreting the column 9 of Form 35 filed by the assessee. Therefore, he submitted that the matter may be remanded to the file of the Assessing Officer to give another opportunity of hearing to the assessee to explain its case. 6. The Ld.DR on the other hand, supporting the order of the Ld.CIT(A), submitted that unless the appellant paid an amount equal to the amount of advance tax as per section 249(4)(b) of the Act, no appeal under this Chapter shall be admitted by the Ld.CIT(A). Since the appellant has not paid the advance tax, the que....

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....e, he has not paid advance tax or self-assessment tax for the relevant assessment year. Since there is no tax liability, the appellant has stated in column 9 of Form 35, that, said particulars are not applicable. We find that the assessee has filed the return of income, in response to notice u/s 148 and claimed rebate u/s 87A of the Act, because, the taxable income of the appellant for the impugned assessment year is less than the threshold limit for payment of any taxes. Sinc the appellant does not have any taxable income, the question of payment of any advance tax as per the provisions of section 249(4)(b) of the Act does not arise. The Ld.CIT(A) without considering relevant facts, simply dismissed the appeal filed by the assessee in 'lim....