DCM VIGILANCE & MAINTENANCE SERVICES PVT. LTD.,KOLKATA vs. ITO, WARD - 7(3), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal condoned the delay, finding it not deliberate. It restored the sole issue back to the Assessing Officer for factual reconciliation of figures between the assessee's computation and Form-26AS, after providing an opportunity of hearing.
What were the facts?
The assessee's appeal for AY 2011-12 was filed with a significant delay, attributed to a communication gap between the auditor and counsel. The core issue involved an addition of ₹5,88,098/- by lower authorities due to discrepancies in Form-26AS.
What were the issues?
Whether the addition made on account of discrepancies in Form-26AS was justified without proper reconciliation. The need for the Assessing Officer to verify the figures after affording a hearing.
Which sections of the Income-tax Act were involved?
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 2011-12 is directed against the Commissioner of Income-tax (Appeals)-15, Kolkata’s order dated 12.05.2017 passed in case No.194/CIT(A)-5/15-16/7(3)/R&T/Kol involving proceedings u/s. 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
I notice at the outset that assessee’s instant appeal suffers from 200 days’ delay in filing the relevant condonation petition dated 31.07.2018 attributes reasoning thereof to be communication gap between the taxpayer’s auditor and the arguing counsel. Learned Departmental Representative is unable to rebut all this solemn averments recorded in affidavit of the same day. I therefore hold that the impugned delay to be neither delay nor deliberate but owing to communication gap with the arguing learned counsel. The appeal is now taken up for adjudication on merits.
Recent GST High Court judgments
Search GST case law →- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026