Loading judgment…
Facts
The assessee's appeal for Assessment Year 2010-11 was filed after a significant delay of 860 days due to a prior dismissal by the Pune ITAT. The delay was condoned by the Kolkata ITAT. The appeal concerned disallowances made by the AO and upheld by the CIT(A) regarding Section 14A and sales promotion expenses.
Held
The Tribunal condoned the delay in filing the appeal. The grounds relating to disallowance under Section 14A were dismissed as the Revenue did not press them. However, the ground regarding the disallowance of sales promotion expenses was allowed, as the assessee provided sufficient evidence for the expenditure incurred after acquiring a new unit.
Key Issues
Whether the delay in filing the appeal can be condoned and whether the disallowance of sales promotion expenses was justified given the supporting evidence provided.
Sections Cited
14A, 143(3), 250, 8D, 37(1), 32
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: SONJOY SARMA & SRI RAKESH MISHRA
order
: January 1st, 2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
The present appeal filed by the assessee pertaining to the AY 2010-11 is against the order of the Commissioner of Income Tax (Appeals)-12, Pune [hereinafter referred to as ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (in short, the 'Act') dated 28.12.2021 arising out of the assessment order framed u/s 143(3) of the Act.