Income Tax

CIT Appeals wrong in rejecting appeal for non payment of tax when assessee paid tax on admitted return of income and revised return not accepted – ITAT

CIT Appeals wrong in rejecting appeal for non payment of tax when assessee paid tax on admitted return of income and revised return not accepted – ITAT

ABCAUS Case Law Citation:
985 2016 (08) ITAT
AY: 2007-08

Date/Month of Judgment: August 2016

Brief Facts of the Case:
The appellant assessee had filed a return of income declaring capital gains. Later on, a search was conducted and in response to notice, the assessee filed a letter dated 8.9.2010 to treat its return filed u/s 139 as a return u/s 153C of the Income-tax Act, 1961. Accordingly, the said return was accepted as a return u/s 153C of the Act. The assessee filed a revised return u/s. 153C on 28.10.2010 disclosing increased capital gains.

Since the original return had already been acted upon as a return u/s 153C, the revised  return filed on 28.10.2010 was not treated to be a valid return by the Assessing Officer (AO). However, the information available in the return was considered for the purpose of assessment of the case by the AO. Accordingly the assessment was framed.

Against the assessment so framed, the assessee filed appeal before the CIT(Appeals) who had raised the objection that the assessee had not paid the tax on the admitted return of income; whereas according to the assessee, it had already paid the tax on the admitted return of income and since revised return filed by the assessee was not accepted by the AO, there was no point in payment of tax on the income declared in the revised return.

However, the CIT(A) was not convinced and dismissed the appeal of the assessee. 

Observations made by ITAT:
The Tribunal observed that though 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 case, on the admitted return of income, the assessee had already paid the taxes. The assessee had not paid the taxes on the revised return which was not treated to be valid by the AO and was non est in the eyes of 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.

Download Full Judgment

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

2 days ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

3 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

4 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

5 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

6 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

7 days ago