MANNALALL HARSH KUMAR (HUF),KOLKATA vs. D.C.I.T.,CIRCLE-44, KOLKATA

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ITA 2525/KOL/2019Status: DisposedITAT Kolkata12 February 2020AY 2014-153 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The tribunal condoned the delay in filing the appeal. Regarding the merits, the tribunal restricted the disallowances/additions on all five issues to 50% of the respective sums involved, stating that this estimation would not be treated as a precedent.

What were the facts?

The assessee's appeal for AY 2014-15 was filed with a delay of fourteen days, which was condoned by the tribunal. The appeal challenged disallowances/additions made by the lower authorities on five grounds, including reconciliation issues between VAT and income tax returns, interest on NSCs, freight and labour expenses, depreciation on a motor car, and interest-free loans.

What were the issues?

Whether the disallowances/additions made by the lower authorities on various grounds were justified, and if so, to what extent.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “SMC” KOLKATA

Before: Shri S.S, Godara

आदेश /O R D E R This assessee’s appeal for assessment year 2014-15, arises against the Commissioner of Income-tax (Appeals)-13, Kolkata’s order dated 25.07.2019 passed in case No.10259/CIT(A)-13/Cir-44/Kol/2016-17, involving proceedings u/s. 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.

2.

It emerges at the outset that instant appeal suffers from fourteen days’ delay in filing. Learned counsel representing assessee invites my attention to it’s condonation affidavit dated 25.11.2019 attributing the same to in communication gap as well as in compilation of necessary records. The learned departmental is fair enough in not rebutting all these solemn averments. I therefore observe that the impugned delay of Mannalall Harsh Kumar (HUF) Vs. DCIT, Cir-44 Kol. Page 2 fourteen days in filing of the instant appeal is neither intentional nor deliberate. The same stands condoned. The case is now taken up for adjudication on merits.

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