AKRITI,NEW DELHI vs. INCOME TAX DEPARTMENT, DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2020-21, arises against the Addl./JCIT(A)-1, Ahmedabad’s DIN & order
No.ITBA/APL/S/250/2025-26/1078080356(1) dated 01.07.2025, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).
Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
A perusal of the instant assessee’s appeal file indicates at the outset that both the learned lower authorities have denied it section 11 exemption for the precise reason that it had not filed it’s section 139(1) return as well as the prescribed Form 10B Tax Audit Report on or before the prescribed “due” date. Akriti 2 The assessee has also been fair all along in not disputing this clinching factual position in it’s pleadings. That being the case, it emerges during the course of hearing that both the learned lower authorities have also assessed the assessee’s entire receipts of Rs.30,91,342/- under “business” head than having granted the corresponding expenditure deductions for the purpose of assessing it’s “net” income. It is thus deemed appropriate to direct the learned Assessing Officer to examine the instant issue afresh as per law preferably within three effective opportunities of hearing. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes. Order Pronounced in the Open Court on 26/08/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 26/08/2025
*Subodh Kumar, Sr. PS*