DIPANSHU GUPTA,HOWWRAH vs. ITO, WARD - 37(1), KOLKATA
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals for both assessment years, finding that the assessee had reasonable and sufficient cause for the delay. The Tribunal noted that the assessee was in imprisonment from January 2022 to April 2022, which led to his income tax matters being unattended. Furthermore, the demise of his chartered accountant, Mr. K.K. Jha, and the subsequent search for a new consultant contributed to the significant delays. The Tribunal observed that there was no proper representation before the Assessing Officer (AO) or the CIT(A). In the interest of justice and fair play, the Tribunal set aside the orders of the AO and directed the AO to make fresh assessments de novo for both AY 2015-16 and AY 2017-18. The assessee was granted an opportunity to be heard and make further submissions. The grounds taken by the assessee were allowed for statistical purposes. The Tribunal did not decide on the merits of the additions made by the AO or the confirmation of reassessment proceedings, as the matter was remanded for fresh assessment.
What were the facts?
The assessee, Dipanshu Gupta, filed appeals before the ITAT against orders of the CIT(A) for Assessment Years (AY) 2015-16 and 2017-18. The appeals were filed beyond the prescribed limitation period by 119 days for AY 2017-18 and 66 days for AY 2015-16. The assessee sought condonation of delay, citing reasons such as dependency on a tax consultant who became uncooperative, personal legal troubles, and lack of conversance with income tax matters. For AY 2015-16, the assessment order under Section 147 r.w.s. 144 r.w.s. 144B was passed on March 25, 2022, with an addition of Rs. 53,87,175. For AY 2017-18, the assessment order was passed on March 27, 2022, with an addition of Rs. 4,84,23,000. The CIT(A) had passed ex-parte orders for both assessment years.
What were the issues?
1. Whether the delay in filing the appeals before the Hon'ble ITAT for AY 2015-16 (66 days) and AY 2017-18 (119 days) should be condoned on the grounds stated by the assessee. - Assessee's contention: The assessee argued that the delay was caused due to his dependency on a tax consultant who became uncooperative, personal legal issues requiring his concentration, and his lack of conversance with income tax matters. He also mentioned that he only recently became aware of the ex-parte orders passed by the CIT(A). - Revenue's contention: Not recorded in the judgment. 2. Whether the CIT(A) erred in passing ex-parte orders without going into the merits of the case for AY 2015-16 and AY 2017-18. - Assessee's contention: The assessee contended that the CIT(A) erred by passing ex-parte orders without considering the merits of the case. - Revenue's contention: Not recorded in the judgment. 3. Whether the CIT(A) erred in confirming the initiation of reassessment proceedings under Section 147 of the Act for AY 2015-16 and AY 2017-18. - Assessee's contention: The assessee argued that the CIT(A) erred in confirming the initiation of reassessment proceedings. - Revenue's contention: Not recorded in the judgment. 4. Whether the CIT(A) erred in confirming the additions made by the AO under Section 69A r.w.s. 115BBE for AY 2015-16 (Rs. 53,87,175) and AY 2017-18 (Rs. 4,84,23,000). - Assessee's contention: The assessee argued that the CIT(A) erred in confirming the huge additions without going into the merits, and that the AO wrongly considered entire bank credits without contra entries and accepted commission income without basis. - Revenue's contention: Not recorded in the judgment.
Which sections of the Income-tax Act were involved?
Section 250,Section 147,Section 144,Section 144B,Section 148,Section 143(1),Section 69A,Section 115BBE,Section 271(1)(b),Section 271(1)(c),Section 71AAC(1)
AI-generated summary — verify with the full judgment below
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.
- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: SRI PRADIP KUMAR CHOUBEY & SRI RAKESH MISHRA
order : April 23rd, 2025 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: Both these appeals filed by the assessee are against the separate orders of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2015-16 & AY 2017-18 dated 29.07.2024 & 07.06.2024, which have been passed against the assessment orders u/s 147 r.w.s. 144 r.w.s. 144B of the Act, dated 25.03.2022 & 27.03.2022, respectively.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026
- M/S Hindustan Coca-Cola Beverages PVT. LTD. vs. The Commissioner, CGST And Cx, Dibrugarh And AnrGauhati · 14 Oct 2026
- M/S Shree Sushruta Health Services Private Limited vs. The Union Of INDIAPatna · 14 Oct 2026
- M/S Rst Batteries vs. Deputy Commissioner CGST Delhi West & Ors.Delhi · 14 Oct 2026
- Dr.Sunil Kumar Padhi vs. The Chief Commissioner, GST And Central Excise, BhubaneswarOrissa · 14 Oct 2026