VEERANARAYANA KOTAGIRI NAGESWARA RAO,GUNTUR vs. INCOME-TAX OFFICER, WARD-1(1), GUNTUR

ITA 805/VIZ/2025Status: DisposedITAT Visakhapatnam31 August 2026AY 2015-165 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and restored the matter to the CIT(A) for reconsideration. The penalty levied under Section 271(1)(c) was deemed to have no basis as the quantum additions on which it was levied were themselves set aside.

What were the facts?

The assessee did not file a return of income for AY 2015-16. The assessment was reopened based on information of large non-cash transactions. The assessee failed to respond to the AO, leading to a best judgment assessment and addition of the entire amount. The appeal before the CIT(A) was dismissed due to a significant delay.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) should be condoned, and whether the penalty under Section 271(1)(c) can be sustained when the underlying additions are under review.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B,Section 148,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Pronounced: 31.08.2026

PER SHRI MANJUNATHA G., ACCOUNTANT MEMBER:

This appeal is filed by the assessee is directed against separate order of Commissioner of Income Tax(Appeals) [“Ld.CIT(Appeals)”], National Faceless Appeal Centre (“NFAC”) vide DIN & Order

1 Veeranarayana Kotagiri Nageswara Rao

No.ITBA/NFAC/S/250-2025-26/1082939212(1) dated 24.

The order continues below.

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