Held, that the Commissioner (Appeals) had failed to exercise the judicial discretion that was vested with him for exempting the assessee from the operation of the provisions of clause (b), despite there being a categorical claim of the assessee that the failure on its part to deposit the tax was occasioned on account of financial difficulties. The assessee’s case was covered by clause (b) of section 249(4) of the Act, which did vest a discretion with the Commissioner (Appeals) to exempt the assessee for good and sufficient reasons to be recorded in writing from the pre-condition of payment of tax and admit the appeal, but the Commissioner (Appeals) had without exercising his discretion in the backdrop of the reason given by the assessee dismissed its appeal in limine.  The issue was set aside and restored to the file of the Commissioner (Appeals) with a direction to reconsider the maintainability of the appeal on the basis of reasons given by the assessee as regards the failure on its part to pay the amount of tax as contemplated in clause (b) of section 249(4) of the Act.(AY.2012-13, 2013-14)