PALAK ENTERPRISE,MUMBAI vs. PCIT, , MUMBAI-25

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ITA 4110/MUM/2023Status: DisposedITAT Mumbai23 April 2024AY 2011-12Bench: SHRI PRASHANT MAHARISHI (Accountant Member), SHRI RAJ KUMAR CHAUHAN (Judicial Member)1 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The CIT(A) dismissed the assessee's appeal as inadmissible due to a 33-day delay and the absence of a condonation of delay application. The Tribunal noted the assessee's representative's submission for an opportunity to file the condonation application and decided to restore the appeal to the CIT(A) for fresh consideration.

What were the facts?

The assessee, a partnership firm, failed to file its income tax return for AY 2011-12. The case was reopened under section 147 based on information about a contractual receipt of Rs. 7,056,638 not recorded in accounts. Despite notices, the assessee did not comply, leading the AO to add the amount and assess total income at Rs. 7,216,638.

What were the issues?

Whether the appeal dismissed by CIT(A) on grounds of delay and absence of condonation application should be restored to allow the assessee to present their case on merits.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 151,Section 194C,Section 69A,Section 249(2),Section 250,Section 246A,Section 142(1),Section 133(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

For Appellant: Shri R.K. Jadeja, AR, Shri H.M. Bhatt, DR
Hearing: 17.04.2024Pronounced: 23.04.2024
1.

ITA number 4110/M/2023 is filed by M/s Palak Enterprises (the assessee/appellant) for assessment year 2011 – 12 against appellate order passed by the National faceless appeal Centre (NFAC), Delhi (the learned CIT – A) dated 17/9/2023 wherein the appeal filed by the assessee against the assessment order passed under section 144 of The Income Tax Act, 1961 (the Act) dated 30/11/2018 passed by The Income Tax Officer Ward – 27 (2) (5), Mumbai (The AO) was Order pronounced in the open court on 23.04.2024.

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