The AO made addition under section 69A of the Act, in respect of cash deposited in the Bank. The assessee denied the addition u/s 69A of the Act. On appeal the CIT(A) dismissed the appeal on the ground that the admitted tax was not paid by the assessee. On appeal the Tribunal held that, the assessee who is residing outside India has no admitted income in India and is disputing the addition under s. 69A made by the AO, there was no admitted tax liability and, therefore, the appeal filed by the assessee before the CIT(A) could not be dismissed on account of non-compliance with the provisions of s. 249(4)(b).Matter is restored to the CIT(A) to adjudicate the appeal of the assessee on merits in accordance with law. Followed, Vishnusharan Chandravanshi vs. ITO (2024) 161 taxmann.com 803 (Raipur)(Trib). (AY.2017-18)
Ritika Jain v. ITO (2025) 233 TTJ 619 / 245 DTR 377 (SMC) (Agra)(Trib)
S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-No admitted income-Cash deposited in the Bank-The proviso also provides that when there is good and sufficient reasons, then the appeal can still be admitted-Matter is restored to the CIT(A) to adjudicate the appeal on merits in accordance with law. [S. 69A, 249 (4)(b), 250]
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