TaxTMI 
TaxTMI 
2025 (9) TMI 1031
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..... Yes Bank Gwalior 55483800000290 Rs. 14,55,000/- Total Rs. 17,55,000/- 2.1 In view of the above fact, the AO issued notice under Section 142(1), dated 21/02/2018 requesting the assessee to file return of income for A.Y. 2017-18 and the notice was served to the assessee on email:- [email protected]. However, the assessee failed to comply with the notice u/s 142(1) of the Income Tax Act, 1961 and it was also noted by the AO that the assessee had not filed regular return of income as per the provisions of section 139 of the Income Tax Act, 1961, for the A.Υ. 2017-18. 3. The AO thereafter issued notices, which were not complied with, and the AO also issued a show-caused notice dated 09.12.2019 which was also not complied with. The AO further noted that the assessee had deposited a total sum of Rs. 63,32,892/-, as per the details on page 3 of the Assessment Order, in various bank accounts maintained with HDFC Bank and Yes Bank, Gwalior. In view of the non-compliance by the assessee, the AO held that the assessee had no explanation to offer regarding the nature and source of the above amount credited in the assess....
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....ke the mandatory payment of advance tax as per provision of section 249(4) (b) of the Act. Whereas, the appellant has mentioned in the statement of facts that the income is below the maximum limit not liable for Income Tax. 2. That, on the facts and circumstances of the case and in law, and in any view of the matter, the Ld. Commissioner of Income Tax (Appeals) has erred in not admitting the appeal stating that the appellant has not provided any clarification/explanation in response to the deficiency letter issued whereas, the impugned deficiency letters were not received by the legal heir of the appellant Shri Subhash Chandra Khushiramani. 3. That, on the facts and circumstances of the case and in law, and in any view of the matter, the Ld. authorities below have erred in completing the assessment and passing the appeal order in the name of appellant the deceased person died on 13.10.2017. 4. That, on the facts and circumstances of the case and in law, and in any view of the matter, the Ld. Commissioner of Income Tax (Appeals) has erred in not deciding the following grounds of appeal raised: 1. That, on the facts and circumstances of the case and in law ....
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....hich was payable by him. * Section 208 of the Act - Conditions of liability to pay advance tax - * Conditions of liability to pay advance tax as per provision of section 208 of the Act - The advance tax is payable when the total tax liability as per assessee is Rs 10,000/-or more. * Section 209 of the Act - Computation of advance tax. * (1) The manner of computation of advance tax is given in provision of section 209 of the Act. The amount of advance tax payable by an assessee in the financial year shall subject to the provisions of sub section (2) and (3), be computed as follows, namely (a) Where the calculation is made by the assessee for the purposes of payment of advance tax, he shall first estimate his current income and income tax thereon shall be calculated at the rates in force in the financial year. Accordingly, the appellant has estimated his current income, which was less than the maximum amount not liable for income tax. Therefore, the income tax liability was nil. (b) This clause is applicable where the Ld. Assessing Officer has passed the order under section 210(3) of the Income Tax Act, 1961. But, in this case, no....
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....or the subject year, and, therefore, the first appellate authority could not have held that the assessee had failed to comply with the statutory conditions contemplated in section 249(4)(b) of the Act. In the said case, the Tribunal set aside the order of the Ld. CIT(A) and restored the matter to his file with a direction to dispose of the appeal on merits. The relevant findings of the aforesaid order in the case of Vishnusharan Chandravanshi (supra), in para no. 10 to 16 is reproduced as under: "10. Admittedly, it is a matter of fact borne from record that the assessee had neither filed his return of income u/s. 139 of the Act nor in compliance to notice issued to him u/s. 142(1) of the Act, dated 10.03.2018. As the assessee had failed to file his return of income, the CIT(Appeals) had brought his case within the meaning of Clause (b) of sub-section (4) of Section 249 of the Act. For the sake of clarity, Section 249(4) of the Act is culled out as under:"(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....
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....him to compute and pay any advance tax u/ss. 208 & 209 of the Act. Considering the fact that as no obligation was cast upon the assessee to compute/deposit any amount towards "advance tax for the subject year, I am unable to concur with the view taken by the CIT(Appeals) who had dismissed the appeal as not maintainable for the reason of non-compliance of the mandatory condition contemplated in Clause (b) of sub-section (4) of Section 249 of the Act. Although, at the first blush, I was of the view that the amount assessed by the A.O vide his order u/s. 144 of the Act dated 23.11.2019 of Rs. 10 lacs would saddle the assessee with an obligation to pay "advance tax", but stood corrected on a careful perusal of Section 208 and Section 209(1)(a) of the Act, which contemplates determination of the said tax liability at the behest of the assessee. 14. As in the present case, the assessee had not only before me but had also in the "Statement of facts" stated before the CIT(Appeals) that he had no taxable income, therefore, in my view in absence of any obligation cast upon the assessee to compute/pay "advance tax" u/s. 208 and 209 of the Act for the subject year, the first appellate....
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....n 234B(1) of the IT Act for the purposes of calculation of interest on advance tax, advance tax is calculated on the basis of assessed tax, whereas in section 249(4)(b) the words advance tax which was payable by him are used. If the intention of the legislature would have been same than in both the sections same wording could have been used. But we do not find so. It is the contention of the counsel of the assessee that clause (b) of section 249(4) contemplates that advance tax payable by him, means according to the assessee & not according to the assessed income. We are in agreement with the contention of the counsel of the assessee & hold that in the instant case the assessee was not required to pay advance tax on the basis of assessed tax but was required to pay advance tax, if any, which was payable by him i.e. on the basis of his undisputed admitted income. 9. Now we find that the assessee has admitted the taxable income of Rs. 5,32,310/- in belated income tax return, & due income tax of Rs. 32,406/- was sought to be adjusted from TCS of Rs. 61,149/-Therefore instead of advance tax whole of the tax payable on undisputed admitted income of the assessee was already depo....