DIKSHA TIMBER PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE - 9(1), KOLKATA, KOLKATA
What did the Tribunal hold?
The tribunal found that the CIT(A) had not properly discussed the relevant facts and evidence provided by the assessee. Therefore, the case was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal suffered from a 90-day delay in filing, which was condoned by the tribunal. The core issue was the addition made by the lower authorities on account of share capital received from a sister concern, treated as unexplained cash credits.
What were the issues?
Whether the CIT(A) properly adjudicated the appeal by considering the assessee's evidence regarding share capital, and whether the addition under Section 68 was justified without adequate discussion of facts.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH “B” KOLKATA
Before: Shri S.S.Godara & Dr. A.L. Saini
O R D E R
PER S.S.Godara, Judicial Member:
- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-16 Kolkata’s order dated 04.08.2017 passed in case No.642/CIT(A)-16/Kol/2014-15/C-9(1), involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex parte against the assessee.
It transpires at the outset that the assessee’s appeal suffers from 90 days delay in filing. It has filed its condonaton petition dated 02.11.2017 stating reasons thereof to lack of communication before the auditor’s office and the arguing counsel. The Revenue is in fair enough in not dispsuting correctness of these condonation averments during the course of hearing. We accordingly condone the impugned delay of 90 days as neither intentionally nor deliberate going by the preceding averments. The case is taken up for adjudication on merits.
More judgments on Section 68
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- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
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- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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