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TMI Blog2024 (5) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and therefore, it could not have been held liable for payment of advance tax regarding an income which was not assessable under the provisions of the Act - HELD THAT:- No merit in assessee s case denying it s advance tax liability because of applicability of sec. 80P of the Act. This is for the precise reason that such a deduction has to be claimed in a return going by sec. 80A(5) of the Act w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder No. ITBA/NFAC/S/250/ 2023-24/1061238617(1), dated 21.02.2024, involving proceedings u/s. 144 of the Income Tax Act, 1961 (in short the Act ). Heard both the parties. Case file perused. 2. The assessee pleads the following substantive grounds in the instant appeal : 1. On the facts and circumstances of the case and in law the CIT(A), NFAC erred in not admitting the appeal of the appellant on a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l or any of the above ground of appeal or raise a new ground of appeal before or at the time of hearing. 3. Learned counsel representing the assessee invited my attention to the NFAC s detailed discussion in it s third paragraph dismissing the lower appeal u/sec. 249(4)(b) thereby holding that there has been default in payment of advance tax which debars admission thereof. Mr. Shingte s case durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cm 220 (Bom.) (HC). It is made clear that there is no material in the case file indicating the assessee to have raised the foregoing sec. 80P claim in a return in above terms. That being the case, I find no merit in assessee s instant sole substantive grievance seeking to reverse NFAC s lower appellate findings dismissing it s appeal u/sec. 249(4)(b) of the Act. Ordered accordingly. 6. This assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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