SAMEERA ESTATE PRIVATE LIMITED,TIRUVALLUR vs. PR. CIT, CENTRAL CIRCLE -1(3), BENGALURU

The Ld.PCIT had issued a notice u/s. 263 to revise the order of the AO dated 24/05/2021 and the Ld.PCIT had passed an order directing the assessing officer to consider the two loan creditors since the assessee had not filed the details. As against the said order, the assessee filed this appeal before this Tribunal with a delay of 217 days.

The assessee had explained that the delay has been occurred since the assessee was under the impression that the AO would verify the two loan creditors only and therefore they have not filed any appeal challenging the section 263 order passed by the Ld.PCIT. But the AO pursuant to the section 263 order, had issued a notice u/s. 142(1) in which he sought for the details for all the aspects and even beyond the concerned assessment year, and therefore the tax consultant advised the assessee to file an appeal before the Tribunal by challenging the section 263 order of the PCIT. Therefore the delay of 217 days was occurred which is neither wilful nor wanted but due to the bonafide reasons as stated above and prayed to condone the said delay.

We have considered the said facts in detail and we are permitting the assessee to withdraw the appeal by condoning the said delay of 217 days in filing the appeal.

In the result, the appeal filed by the assessee is dismissed as withdrawn.