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2014 (1) TMI 762 - HC - Income TaxApplicability of section 249(4)(a) - Held that:- As per section 249(4) - Where an Assessee has filed a return of income, then the tax which is admittedly payable by the Assessee should be paid prior to the hearing of any appeal filed by the Assessee - The rationale seems very logical for the reason that no Assessee can be heard in an appeal where the tax which is admittedly payable by the Assessee is outstanding. It is to enforce payment of tax on admitted income - Where an Assessee files the return of income then at least the tax which is payable in terms of the return income should be paid by the Assessee - But where the Assessee either has paid the tax on the returned income or sought adjustment of the amount admittedly lying with the revenue towards the tax payable on the returned income, the Assessee cannot be denied a hearing. The amount of Rs.4,60,000/- belonging to the Assessee which was seized by the Revenue authorities was admittedly available with the appellant was far in excess of the amount of tax payable in terms of the returned income and was even in excess of the demand created under Section 143(1)(a) - The Assessee could not have been denied a hearing merely on the ground of nonpayment of tax due on the returned income - Decided against Revenue.
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