PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LIMITED CHINNA GOLKONDA,SHAMSHABAD vs. INCOME TAX OFFICER, WARD-8(1), HYDERABAD

Facts

The assessee society filed an appeal with a delay of 1379 days before the CIT(A). The AO had passed an assessment order under Section 144 for AY 2017-18 after the assessee failed to file a return of income and comply with notices u/s 142(1). The AO treated cash deposits aggregating to Rs. 11,16,07,860/- as unexplained income under Section 69A.

Held

The Tribunal held that the delay of 1379 days was inordinate and the assessee had not filed any application explaining the reasons for the delay. Therefore, the CIT(A) was justified in declining to condone the delay. The Tribunal upheld the order of the CIT(A).

Key Issues

Whether the CIT(A) was justified in dismissing the appeal as barred by limitation due to an inordinate delay without a proper application for condonation and explanation of reasons.