JAGAN MOHAN RAO VALLURU,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), VIJAYAWADA

ITA 469/VIZ/2025Status: DisposedITAT Visakhapatnam27 February 2026AY 2009-1013 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) erred in upholding the addition when the AO had already vacated it. It further condoned the delay in filing the appeal due to bonafide reasons. The matter was set aside to the AO for verification.

What were the facts?

The Assessing Officer (AO) initiated reassessment proceedings for AY 2009-10 and added Long-Term Capital Gains (LTCG). Subsequently, the AO passed an order under Section 154 of the Act, vacating this addition. The assessee, under the bonafide belief that the issue was settled, failed to inform the CIT(A) of the Section 154 order, leading to the CIT(A) dismissing the appeal ex-parte.

What were the issues?

Validity of CIT(A)'s order upholding an addition already vacated by the AO, and condonation of delay in filing appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148,Section 154,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM

Before: SHRI RAVISH SOOD, HONBLE & SHRI OMKARESHWAR CHIDARA, HONBLE

Heard together (2 matters)

I.T.A.No.468/VIZ/2025
I.T.A.No.469/VIZ/2025

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