DK 140 UTHANGARAI PUESHES TEACHERS & EMP. CO-OP THRIFT & CREDIT SCOIETY LTD.,KRISHNAGIRI vs. ITO, WARD-1,, KRISHNAGIRI
What did the Tribunal hold?
The Tribunal held that the appeal fees paid were correct as per the relevant section when an appeal is dismissed on grounds of non-prosecution or limitation, not on merits. The matter was remanded to the CIT(A) for a fresh decision on merits.
What were the facts?
The assessee's appeal was against an order confirming disallowance under section 80P. The primary issue before the Tribunal was whether the CIT(A) was justified in confirming the disallowance, and also the appeal was admitted despite an objection regarding short payment of appeal fees.
What were the issues?
1. Whether the appeal fees paid were sufficient when the CIT(A) dismissed the appeal on non-prosecution grounds. 2. Whether the addition under Section 68 for unexplained credit was justified and if the assessee should be given another opportunity to present its case.
Which sections of the Income-tax Act were involved?
Section 80P,Section 253(6),Section 144,Section 144B,Section 68,Section 143(2),Section 142(1),Section 44AB
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Cases cited in this judgment(2)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.
- Dr. Ajith Kumar Pandey v. ITAT7 citing310 ITR 195 · 2009 · HC
- Rajakamal Polymers (P) Ltd. v. CIT7 citing291 ITR 314 · 2007 · HC
Before: Shri S.S. Viswanethra Ravi & Shri Jagadish
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 24.02.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2020-21. 2. The assessee raised 6 grounds of appeal amongst which, the only issue emanates for our consideration as to whether the ld. CIT(A)
2 I.T.A. No.1227/Chny/25
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