2025 (10) TMI 196

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....nd in law 2) The learned CIT(A) erred in dismissing the appeal in limini on the ground that the advance tax was not paid. 3) The learned CIT(A) ought to have considered the fact that there is no violation of the provisions of Sec. 249(4) of the Act. 4) The learned CIT(A) ought to have decided the appeal on merits and held that no taxable capital gain arose to the appellant. 5) The learned CIT(A) ought to have seen that the A.O did not adopt the sale consideration received and the indexed cost correctly. 6) Any other ground/grounds that may be urged at the time of hearing; 3. At the time of hearing, the learned AR of the assessee has submitted that the learned CIT(A) has dismissed the appeal of....

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.... of the learned CIT(A) for adjudication of the appeal on merits. 4. On the other hand, the learned DR has relied upon the orders of the authorities below and submitted that the assessee has not filed any return of income u/s 139 of the I.T. Act, 1961 as well as in response to notice u/s 148. 5. We have considered the rival submissions as well as perused the material available on record. The Assessing Officer has framed the assessment u/s 144 r.w.s. 147 of the I.T. Act, 1961 and assessed the income as Long-Term Capital Gain arising from sale of land at Rs. 8,23,020/-. The Assessing Officer invoked the provisions of section 50C and obtained the valuation report from the District Valuation Officer (DVO) estimating the fair market value o....

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....e paid by the assessee before the appeal is admitted by the learned CIT(A) and similarly, in case where no return of income is filed by the assessee, then undisputed advance tax payable by the assessee is required to be paid. When the assessee has disputed the addition made by the Assessing Officer, then the question of advance tax payable by the assessee does not arise. Further, in the case in hand, the payment of advance tax liability would arise only from the date of transaction of sale, as it is not a case of regular income throughout the year, but it depends on the transaction of sale of property. Therefore, the liability of advance tax on Long-Term Capital Gain would depend upon the date of transaction. In the case in hand, the sale o....