The advance tax does not subject to be paid through the taxpayer when his age is more than 60 years and poses zero business income, Delhi Bench of Income Tax Appellate Tribunal (ITAT).
The data obtained elaborates that an immovable property would have been sold in FY 2009 by the taxpayer Vikram Singh. Under Section 148 of the Income Tax Act, the taxpayer does not have to file an income tax return. The taxpayer indeed does not have filed the PAN. The sold land was agricultural land and thus comprised of an ancestral nature, the taxpayer stated. The land does not count under the description of the capital asset, the taxpayer mentioned.
Under Section 147/144 of the Act the assessment was finished stating that the land sold was the capital asset and the taxpayer is not able to submit the ITR for the assessment year 2010-11 therefore the long-term capital gain was summed to the taxpayer’s income. For non-compliance with the obligatory provision of section 249(4) of the Income Tax Act, the appeal was dismissed.
On the taxpayer’s behalf, Rajat Garg stated, the taxpayer was a Senior citizen and laid on the provision of section 207 of the income tax act, held since no liability is there concerning the payment of the advance tax of the taxpayer was not needed for filing the income return hence there is no applicability of the provision of section 294(4) of the income tax act.
On behalf of the revenue, Mrinal Kumar Dass appeared. The Division Bench of G.S. Pannu (President) and Anubhav Sharma, (Judicial Member) set aside the impugned order and reformed to the Commissioner of Income Tax Appeal (CIT(A) to decide the query of applicability of section 249(4) of the Income Tax Act. on values of taxpayers claim, after furnishing the chance of hearing to the taxpayer seeing that,
Since the taxpayer’s age was over 60 years and does not have any income from P&G also he does not provide any chance of getting heard and thus no advance tax was subjected to be paid.
| Case Title | Vikram Singh vs ITO |
| Citation | ITA No. 6559/Del/2019 |
| Date | 21.02.2023 |
| Counsel for Appellant | Shri Rajat Garg |
| Counsel for Respondent | Shri Mrinal Kumar Dass |
| Delhi ITAT | Read Order |
