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april 2010

Supreme Court of India · 2010-04-06

COMMNR. OF INCOME TAX, INDORE vs PAWAN KUMAR LADDHA

Citation / case number
SC 2002/25498
Court
Supreme Court of India
Petitioner
COMMNR. OF INCOME TAX, INDORE
Respondent
PAWAN KUMAR LADDHA
Author
S.H. KAPADIA

Judgment text excerpt

The Supreme Court held that Section 249(4)(a) of the Income Tax Act, 1961, which mandates payment of admitted tax before filing an appeal, does not apply to appeals under Section 253(1)(b) concerning the Appellate Tribunal. The Court affirmed the Appellate Tribunal's ruling that the requirement to pay admitted tax is not a condition precedent for filing an appeal to the Appellate Tribunal. Consequently, the appeal by the Department was dismissed, upholding the Appellate Tribunal's decision.

COMMNR. OF INCOME TAX, INDORE vs PAWAN KUMAR LADDHA · Niyam