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2008 (6) TMI 204 - HC - Income TaxAppeal to CIT(A) – condition precedent for entertainment of appeal – pre deposit of tax – held that - Section 249(4) is the provision whereby the remedy of the party is taken away, if there is non compliance with that provisions. It is well settled that when legislature seeks to make a law denying a remedy on failure to comply with deposit, the courts would save the remedy, if possible by the interpretative process. Further in taxing statute, if a view can be taken in favour of an assessee that view is ordinarily preferred - the penalty and interest under the Income Tax Act are different concepts and that definition of tax under Section 2(43) does not include penalty or interest
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