9911796707
TMI Blog2024 (8) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... the act by the CIT(A) is erroneous. Since the Tribunal being a final fact finding authority and considering the fact that the assessee has advanced the argument on the merit of the case as well, we have gone through the material produced by the assessee. As found that the AO based on the information received from National e-Assessment Centre, Delhi initiated proceedings u/s. 148 of the act wherein an information has been provided that the assessee had bought an immovable property from Shri Madhava Gatti for sale consideration which was the sole basis for the initiation of the proceedings. AR has produced the said information at page No. 63 followed by the sale deed of the parties thereon. As per the said document, the sale deed has been exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of NFAC for the assessment year 2018-19 dated 21.2.2024. The assessee raised various grounds of appeal. 2. There is a delay of 89 days in filing the appeal before this Tribunal. The ld. A.R. filed an affidavit of the assessee explaining the reason for delay that assessee was pursuing the remedy by filing application u/s 154 of the Act on 10/04/2024 which was dismissed on 15.07.2024 by the NFAC. Later, assessee took steps to file present appeal which was actually filed on 19.07.2024. Therefore submitted that the delay in filing the appeal may be condoned. 3. The Ld.DR submitted that the reason assigned in the affidavit for condoning the delay is not sufficient cause as there was no embargo to the assessee to file the appeal on time, thu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the appeal by invoking the provisions of section 249(4) of the Act without even admitting the same on the ground that the assessee has not filed the return of income as well as not paid an amount equal to the amount of advance tax which was payable by the assessee. 7. As against the order of the Ld.CIT(A) dated 16/03/2023, the assessee is before us on following grounds: 1. The orders of the authorities below in so far as they are against the appellant are opposed to law, equity, weight of evidence, probabilities, facts and circumstances of the case. 2. The learned Commissioner of Income tax [Appeals] erred in dismissing the appeal holding that the appellant has not paid the amount equal to advance tax as required u/s. 249[4] of the Act a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Justice rendered and the appellant may be awarded costs in prosecuting the appeal and also order for the refund of the institution fees as part of the costs. 8. The Ld.Counsel for the assessee submitted that the very basis for initiating the assessment proceedings is based on wrong information. The information sent by the National e-Assessment Centre, Delhi which is the sale transaction for sale consideration of Rs. 45 Lakhs dated 07/10/2017, is nowhere connected to the assessee (placed at pages 63-75 of P.B.). On the other hand, the actual transaction of purchase of property on 06/10/2017 for Rs. 31 Lakhs (placed at pages 20 to 31 of the paper book). It was further submitted that when the assessee has disputed the entire addition itself an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t chargeable for tax, there cannot be any obligation upon the assessee to pay the advance tax, therefore in our opinion invoking the provision of section 249(4) of the act by the ld.CIT(A) is erroneous. Since the Tribunal being a final fact finding authority and considering the fact that the assessee has advanced the argument on the merit of the case as well, we have gone through the material produced by the assessee. It is found that the ld.AO based on the information received from National e-Assessment Centre, Delhi initiated proceedings u/s. 148 of the act wherein an information has been provided that the assessee had bought an immovable property from Shri Madhava Gatti for sale consideration of Rs. 45,00,000/- on 07/10/2017 which was th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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