PATNA SMART CITY LIMITED,PATNA vs. INCOME TAX OFFICER, PTN-W-(21)(91), PATNA
What did the Tribunal hold?
The Tribunal found that the assessee had sufficient cause for the delay in filing the appeal before the CIT(A) due to the writ petition and lack of proper advice. Therefore, the Tribunal set aside the CIT(A)'s order.
What were the facts?
Patna Smart City Limited, a government company, appealed an assessment order. The CIT(A) dismissed the appeal due to a delay in filing, without adjudicating the merits. The assessee had previously filed a writ petition before the High Court.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) was sufficiently explained and should have been condoned. Whether the additions made by the AO were justified on merits.
Which sections of the Income-tax Act were involved?
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- CIT v. Durga Prasad More1,579 citing82 ITR 540 · 1971 · SC
Income Tax Appellate Tribunal, PATNA ‘DB’ BENCH, KOLKATA
Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2022-23 dated 18.06.2025. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal:
“1. For that the grounds of appeal hereto are without prejudice to each other.
For that the order of the learned assessing officer is bad both in law and on facts. ITA No.: 314/PAT/2025 Assessment Year: 2022
The order continues below.
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