VIMALA JAYANTILAL PUROHIT,MUMBAI vs. INCOME TAX OFFICER CIRCLE 17(1), MUMBAI
What did the Tribunal hold?
The Tribunal found that the death in the CA's family constituted a 'sufficient cause' for the delay. Therefore, it directed the CIT(A) to condone the delay and decide the appeal on its merits after providing the assessee with an opportunity to be heard.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed due to an 8-day delay in filing, which the assessee attributed to the sudden death of their Chartered Accountant. The original assessment order by the AO included several additions, such as disallowances of depreciation and unexplained cash credits.
What were the issues?
Whether the death of the assessee's CA constitutes sufficient cause to condone an 8-day delay in filing an appeal before the CIT(A).
Which sections of the Income-tax Act were involved?
Section 143(3),Section 250,Section 32,Section 68,Section 69C,Section 249(3)
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Cases cited in this judgment(3)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.
- Alembic Chemical Works Co. Ltd. v. CIT275 citing177 ITR 377 · 1989 · SC · Read judgment
- CIT v. Saravana Spinning Mills Ltd.109 citing293 ITR 201 · 2007 · SC · Read judgment
- CIT v. Southern Switch Gear Ltd.33 citing148 ITR 272 · 1984 · HC
Before: SHRI SANDEEP GOSAIN & SHRI BIJAYANANDA PRUSETH
PER BIJYANANDA PRUSETH, AM: This appeal filed by the assessee emanates from the order passed under section 250 of the Income-tax Act, 1961 (in short, ‘Act') by the Commissioner of Income-Tax (Appeals) National Faceless Appeal Centre (NFAC), [in short, 'CIT(A)'], dated 02.09.2025 for the assessment year (AY) 2023-24. 2. The grounds of appeal raised by the assessee are as under:
“1. That the Learned Assessing Officer (Ld. AO) erred in law and on facts in completing the assessment u/s 143(3) and in making various disallowances and additions, which are unjustified, arbitrary, and against the principles of natural justice. The appellant denie
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