TaxTMI 
TaxTMI 
2025 (8) TMI 524
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...., 1961 (hereinafter called 'the Act'). 2. The assessee has raised the following grounds of appeal: 1. The Learned Commissioner of Income Tax (Appeals), erred in dismissing the appeal on the ground that the appellant has not complied with terms of section 249(4) of the Act. 2. The Learned Commissioner of Income Tax (Appeals) erred in not considering the submission that appellant has filed return of income and the entire tax payable on returned income is covered by the TDS. 3. The Learned Commissioner of Income Tax (Appeals) did not provide an opportunity to explain that the appellant though a Company PAN is allotted as Firm and appellant filed return using the same PAN. 4. The appellant respectfully sub....
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....uge cash to the tune of Rs. 1,05,59,590/- but the source of the cash deposited has not been substanciated by it. Further, as observed by the Authorities below, the assessee being a company had neither furnished any return under section 139 of the Act nor in response to notice under section 148 of the Act. Even, during the course of the assessment proceeding, the assessee had also not furnished any adequate reply to the statutory notices issued. Therefore, the AO concluded that the assessee company has nothing to offer in this regard and hence the amount found in the form of cash deposited amounting to Rs. 1,05,59,590/- remained unexplained and to be assessed as unexplained money under section 69A of the Act. Accordingly, the AO assessed on ....
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....as passed an ex-parte assessment under section 147 r.w.s. 144 of the Act. Further the assessee could not represent its case before the AO since all the notices posted on the Income Tax portal were not noticed as the assessee could not operate the same on regular basis. Further, learned AR of the assessee submitted that the CIT(A)/NFAC also dismissed the appeal on the technical ground without considering the merit of the case and requested to grant one more opportunity & remand the matter back to the file of AO for denovo consideration. 8. Learned DR on the other hand supported the Order of the authority below and submitted that learned CIT(A) has rightly dismissed the appeal as infructuous since as per the provision of section 249(4)(b) ....
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....ly dismissed as infructous. Before proceeding further, it is appropriate to take note of section 249(4) of the Act for the purpose of this case which read as under: 249. Form of appeal and limitation. --------- --------- (4)[ No appeal under this Chapter shall be admitted unless at the time of filing of the appeal,- (a)where a return has been filed by the assessee, the assessee has paid the tax due on the income returned by him; or (b)where no return has been filed by the assessee, the assessee has paid an amount equal to the amount of advance tax which was payable by him:] Provided that, [in a case falling under clause (b) and ] [ Inserted by Act 3 of 1989, Section 45 (w.e.f. 1....