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Question ID : 44507

First Appeal in response to Ex-parte Order u/s 148 where no Return is filed

In case of a company, no return has been filed and ex-parte assessment has been done under section 148 r.w.s. 144 and Now Appeal has to be filed. Whether advance tax has to be mandatorily be deposited (if there exists some capital gain income) before filing appeal as per Section 249(4)(b) ? Can't we file appeal and deposit final tax after disposal of appeal ?

Posted by Gaurav Kumar Baranwal on Jun 28, 2023


Answer ID : 85096

Appeal can be filed before CIT (Appeals) u/s 246A(1)(a). Capital gains tax ,if admitted, has to be and 20 % of the disputed tax has to be paid before filing the appeal.

Posted by B.CHACKRAPANI WARRIER on Jun 30, 2023