9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 888 - AT - Income TaxRequirement for Depositing taxes u/s 249(4) of the Act - Whether the CIT(A) is correct in dismissing the appeal quoting the provisions of section 249(4) of the Act Held that - At the time of filing of the appeal before the CIT(A) the tax due on the income returned was not paid - The objective of section 249(4) is to ensure payment of tax on income returned before the admission of the appeal - CIT(A) cannot be faulted with in not treating the appeal as admitted - if the appeal is filed without payment of tax on returned income but subsequently the required amount of tax is paid, the appeal should be treated as admitted on payment of tax and taken up for hearing on merits - The payment of tax after the filling of appeal before it is taken up for disposal, would be sufficient to validate the defective appeal - the requirement of the payment of prescribed tax at the stage of filing of the appeal before the First Appellate is only directory and not mandatory - thus, the order of the CIT(A) is set aside and the matter is remitted back to the CIT(A) for adjudication Decided in favour of Assessee.
Issues Involved:
1. Dismissal of appeal under section 249(4) of the Income Tax Act due to non-payment of tax at the time of filing. 2. Right of appeal and natural justice in the context of tax payment. 3. Consideration of financial hardship and subsequent tax payment. Detailed Analysis: Issue 1: Dismissal of Appeal under Section 249(4) The primary issue revolves around whether the CIT(A) was correct in dismissing the appeal under section 249(4) of the Income Tax Act due to the non-payment of tax at the time of filing the appeal. The CIT(A) dismissed the appeal in limine since the tax payable on the total income remained unpaid at the time of filing the appeal. The assessee argued that the tax was paid before the hearing of the appeal, and thus, the appeal should be admitted. The Tribunal referred to the case of Rakesh Kumar Garg vs. DCIT, where a similar issue was decided in favor of the assessee, directing the CIT(A) to decide the appeal on merit as the tax due was fully paid before the passing of the impugned order. Issue 2: Right of Appeal and Natural Justice The Tribunal deliberated on whether the non-payment of taxes at the time of filing the appeal deprives the assessee of natural justice and the right to appeal. The Tribunal emphasized that the right of appeal is statutory and must be exercised in conformity with statutory provisions. However, it also noted that the payment of tax subsequent to the filing but before the hearing should validate the defective appeal. The Tribunal cited the judgment of the Hon'ble Supreme Court in Hukumchand Mills Ltd. v. CIT, which elaborated on the powers of the Tribunal under section 254(1) to pass orders as it thinks fit, including the power to remand cases for further inquiry. Issue 3: Financial Hardship and Subsequent Tax Payment The assessee contended that genuine financial hardship prevented the timely payment of taxes, which was subsequently paid before the hearing. The Tribunal acknowledged the financial difficulties faced by the assessee and noted that the CIT(A) did not substantiate the liquidity position with evidence. The Tribunal referred to the principles of natural justice, emphasizing that substantial justice should prevail over technicalities. It highlighted that the defect due to non-compliance with section 249(4) is curable, and the payment of tax before the hearing should be sufficient to validate the appeal. The Tribunal also considered the judgments of the Hon'ble Karnataka and Madras High Courts, which supported the view that non-payment of tax at the time of filing renders the appeal non-maintainable. However, it distinguished the present case by noting that the tax was paid before the hearing, aligning with the Co-ordinate Bench's decision in Rakesh Kumar Garg. Conclusion: The Tribunal set aside the order of the CIT(A) and restored the issue back to the CIT(A) with the direction to decide the appeal on merit after giving the assessee a reasonable opportunity of being heard. The appeal of the assessee was allowed for statistical purposes, emphasizing that the payment of tax after filing the appeal but before its disposal validates the defective appeal. Pronouncement: The order was pronounced in the open Court on 03rd January, 2014.
|
