SIDDIQ HUSSAIN DELVI,BENGALURU vs. INCOME TAX OFFICER, WARD-1(2)(2), BENGALURU
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal, emphasizing substantial justice over technicalities. It then decided to remit the entire issue back to the Assessing Officer for a fresh adjudication, considering the assessee's failure to represent properly before the lower authorities.
What were the facts?
The assessee's case for AY 2017-18 was selected for scrutiny due to large cash deposits during demonetization. Notices were issued, but the assessee failed to respond, leading to an ex-parte assessment under Section 144. The CIT(A)/NFAC also dismissed the assessee's appeal due to non-compliance.
What were the issues?
Whether the delay in filing the appeal should be condoned and whether the case should be remitted to the Assessing Officer for fresh adjudication after the assessee failed to appear before lower authorities.
Which sections of the Income-tax Act were involved?
Section 144,Section 69A,Section 250,Section 44 AB,Section 253(5),Section 226(3)
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Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
- CIT v. K.S.P. Shanmugavel Nadai and Ors.171 citing153 ITR 596 · 1985 · HC
- People Education and Economic Development Society (PEEDS) v. ITO121 citing100 ITD 87 · 2006 · ITAT
Income Tax Appellate Tribunal, “B’’ BENCH: BANGALORE
Before: SHRI LAXMI PRASAD SAHU & SHRI KESHAV DUBEY
PER KESHAV DUBEY, JUDICIAL MEMBER:
This appeal at the instance of the assessee is directed against the order of the ld. CIT(A)/NFAC dated 19.03.2024 vide DIN & Order No. ITBA/NFAC/S/250/2023-24/1062934244(1) passed u/s 250 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2017-18. 2. The assessee has raised the following grounds of appeal. Siddiq Husain Delvi, Bangalore Siddiq Husain Delvi, Bangalore Siddiq Husain Delvi, Bangalore Siddiq Husain Delvi, Bangalore Siddiq Husain Delvi, Bangalore 3. At the outset, the ld. A.R. submitted that taking into cons
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