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2016 (8) TMI 1587 - AT - Income TaxCIT-A dismissing the appeal on the ground of non-payment of admitted taxes - mandatory conditions to invoke the jurisdiction u/s 153C of the Act did not exist - HELD THAT - While filing an appeal before the CIT(Appeals), the assessee is required to pay the tax on the admitted return of income. But in the instant case, on the admitted return of income, the assessee has already paid the taxes. The assessee has not paid the taxes on the revised return which was not treated to be valid by the AO and was non est in law. Since the revised return was treated to be non est in law, there was no question of making payment of tax on the income declared therein. Therefore, we are of the view that the assessee has already paid the tax on the admitted income declared in the original return filed which was acted upon by the AO for framing the assessment u/s. 153C of the Act. In the light of these facts, we are of the view that the CIT(Appeals) was wrong in dismissing the appeal of the assessee. Therefore, we set aside his order and restore the matter to his file with a direction to readjudicate the appeal on merits by passing a reasoned order.
Issues:
1. Validity of assessment order under section 153D of the Act. 2. Payment of tax on admitted return of income. 3. Treatment of revised return under section 153C of the Act. 4. Dismissal of appeal by CIT(Appeals) without considering merits. Analysis: Issue 1: Validity of assessment order under section 153D of the Act The appellant contended that the assessment order was not valid as it was not passed by a joint commissioner as required under section 153D of the Act. The Tribunal did not address this specific issue in the judgment, as the focus was primarily on the payment of tax on the admitted return of income and the treatment of the revised return under section 153C of the Act. Issue 2: Payment of tax on admitted return of income The appellant had paid taxes on the admitted return of income but not on the revised return, which was not accepted by the Assessing Officer (AO). The Tribunal held that the appellant had fulfilled the requirement of paying taxes on the admitted income declared in the original return, which was considered for assessment under section 153C of the Act. As the revised return was not valid in the eyes of the law, there was no obligation to pay taxes on the income declared in the revised return. The Tribunal found that the CIT(Appeals) erred in dismissing the appeal based on the non-payment of taxes on the revised return and directed a reevaluation of the appeal on its merits. Issue 3: Treatment of revised return under section 153C of the Act The appellant filed a revised return under section 153C of the Act, which was not accepted by the AO. The Tribunal clarified that since the original return had already been treated as a return under section 153C, the revised return was considered non est in law. Consequently, the requirement to pay taxes on the revised return did not arise. The Tribunal emphasized the importance of distinguishing between the original and revised returns in the context of assessment under section 153C. Issue 4: Dismissal of appeal by CIT(Appeals) without considering merits The CIT(Appeals) dismissed the appeal without addressing the substantive issues on merit, primarily focusing on the non-payment of taxes on the revised return. The Tribunal found this approach to be incorrect and directed the CIT(Appeals) to reexamine the appeal by providing a reasoned order considering all aspects of the case. The Tribunal allowed the appeal for statistical purposes, indicating that the dismissal by the CIT(Appeals) was not justified. In conclusion, the Tribunal's judgment highlighted the importance of paying taxes on the admitted return of income, clarified the treatment of revised returns under section 153C, and emphasized the need for a thorough consideration of merits in appeal proceedings. The decision provided clarity on the procedural and substantive aspects of the case, ensuring a fair adjudication process.
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