M/S. MADEENA CONSTRUCTIONS,CHENNAI vs. ACIT, NCC-8)1), CHENNAI
What did the Tribunal hold?
The Tribunal condoned the delay of 1418 days due to the managing partner's severe illness. It directed the CIT(A) to verify the tax payment of Rs. 5,08,57,893/- which was claimed to be in excess of the tax payable (Rs. 4,65,49,181/-). If verified, the CIT(A) should admit the appeal and decide on merits.
What were the facts?
The assessee appealed against the order of the CIT(A) who dismissed their appeal for Assessment Year 2013-14. The dismissal was based on not condoning a delay of 1418 days and finding that the assessee had not paid the due tax on admitted income.
What were the issues?
Whether the delay in filing the appeal should be condoned due to medical reasons and whether the CIT(A) correctly dismissed the appeal without verifying the tax payment made by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI AMITABH SHUKLA
PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-18, (hereinafter referred
to as “the Ld.CIT(A)”), Chennai, dated 31.01.2024 for the Assessment
Year (hereinafter referred to as "AY”) 2013-14. 2. At the outset, the Ld.AR of the assessee brought to our notice that the Ld.CIT(A) has erroneously dismissed
The order continues below.
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