Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The High Court held that Section 249(4)(a) does not mandate ...


Tax payment not mandatory for filing appeal, rules High Court against Revenue's stance.

Case Laws     Income Tax

August 22, 2024

The High Court held that Section 249(4)(a) does not mandate payment of admitted tax before filing an appeal, contrary to the Revenue's contention. The ITAT merely interpreted Section 249(4)(a) regarding entertaining appeals where the amount is deposited before or after filing, without adjudicating merits. As the ITAT order was not erroneous and remanded the matter for adjudication on merits based on precedents, the High Court found no merit in the Revenue's appeal.

View Source

 


 

You may also like:

  1. Interest liability - seeking waiver of interest since the payment of service tax was paid under the amnesty scheme - The tribunal observed that the appellant's payment...

  2. Appeal before CIT(A) - Non deposit of admitted tax/advance tax as provided u/s 249(4) - Payment of tax is mandatory but the requirement of paying such tax before filing...

  3. Withdrawing the excess tax credit for advance tax and self-assessment tax - Rectification u/s 154 - The assessee has to furnish details of different payments of tax by...

  4. Mandatory payment of GST under reverse charge mechanism (RCM) on supply of Goods - Notification as amended

  5. Mandatory payment of GST under reverse charge mechanism (RCM) on supply of services - Notification as amended

  6. Making E-payment of Customs duty mandatory. - Notification

  7. Offence u/s 276C(2) - Default in payment of tax and payment of the tax in instalment - proof of mens rea - This Court is of the view that the prosecution in this case is...

  8. CONSEQUENCES OF NON-PAYMENT & DELAYED PAYMENT OF SERVICE TAX - Article

  9. For payment of tax, no assessment order is required and only in case of short payment of tax assessment is required after due notice - but for the deferral in payment of...

  10. SVLDRS - etermination of tax - The stance taken by the Department in relying upon the SCN for determining the tax dues at Rs. 1.34 Crores is contrary to its stand before...

  11. E-WAY BILL MANDATORY FROM 01.02.2018 - Goods and Services Tax - GST

  12. Mandatory e-filing of ST return by all the assessee - Service Tax rules, 1994 amended.

  13. Waiver of interest - interest liability should be computed from the last date for payment of tax in the relevant assessment year up to the date of payment at the same...

  14. Prosecution proceedings u/s 276CC and 277 - variation in the tax payments - The conduct of the petitioners in filing revised returns immediately after noticing error on...

  15. Liability to pay interest u/s 234B - In the light of legal position as it existed for the relevant Assessment Years prior to insertion of proviso to Section 209(1) of...

 

Quick Updates:Latest Updates