SARANADHAR UMASHANKAR GUPTA,PALANPUR vs. THE DY. CIT, CIRCLE- GANDHINAGAR, GANDHINAGAR
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal and admitted the additional evidence. It set aside the CIT(A)'s ex-parte order and the disallowance, remanding the issue to the Assessing Officer for fresh adjudication after considering the additional evidence.
What were the facts?
The assessee's appeal against the CIT(A)'s ex-parte order, which dismissed the appeal due to non-compliance, was considered. The assessee sought to admit additional evidence, claiming their previous consultant failed to file it. The CIT(A) had confirmed a disallowance of Rs. 1,14,25,352/- under Section 40A(3) for cash payments exceeding Rs. 10,000/-.
What were the issues?
Whether additional evidence should be admitted and if the disallowance under Section 40A(3) was justified, considering the nature of labor payments in remote areas.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, D” BENCH, AHMEDABAD
Per Rahul Chaudhary, Judicial Member:
The present appeal preferred by the Assessee is directed against the Order, dated 13/02/2025, passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as the ‘CIT(A)’] under Section 250 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] whereby the Learned CIT(A) had dismissed the appeal against the Assessment Order, dated 30/03/2021, passed under Section 143(3) read with Section 147 of the Act for the Assessment Year 2018-2019. 2. There is a delay in filing the present appeal.
The order continues below.
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