Application us 249(4)(b)

where a appeal is filed before cit & return was not filed then appellant is liable to pay tax determined by AO or can make application u/s 249(4)(b) not to exercise the provision of paying tax as determined us 249(4)(b). i have a query whether appellant is required to make application us 249(4)(b) in case of filing of appeal against penalty orders???
Replies (1)

Hi Krishna,

Regarding your query on Section 249(4)(b) and its applicability when filing an appeal against penalty orders:


What is Section 249(4)(b)?

  • Section 249(4)(b) of the Income Tax Act requires the appellant to pay the tax determined by the AO before the Commissioner of Income Tax (Appeals) entertains the appeal if the return of income (ROI) has not been filed.

  • This is primarily aimed at appeals related to assessment orders where tax demand is raised.


Applicability of Section 249(4)(b) for Appeals Against Penalty Orders

  • Section 249(4)(b) applies only to appeals filed against assessment orders where tax demand arises.

  • Penalty orders do not involve demand of tax but a penalty amount. Hence, the condition of paying tax determined by AO before filing appeal does not apply to appeals against penalty orders.

  • Therefore, you are NOT required to make an application under Section 249(4)(b) when filing appeal against penalty orders, irrespective of whether ROI is filed or not.


Summary

Appeal Type ROI Filed? Section 249(4)(b) Applicability Application Required?
Appeal against assessment No Yes Yes, pay tax or apply for waiver
Appeal against penalty order No or Yes No No application required under 249(4)(b)

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