AMIT KUMAR YADAV,SEONI vs. INCOME TAX OFFICER, SEONI
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals, finding sufficient cause due to the assessee's lack of awareness of the proceedings. The Tribunal restored the assessment to the AO for fresh examination and deleted the penalties as premature or unsustainable.
What were the facts?
The assessee's return of income was filed for AY 2018-19. The AO added a large cash deposit to the assessee's income under Section 68, treating it as unexplained cash credit and also initiated penalty proceedings. The assessee appealed to the CIT(A) after a significant delay.
What were the issues?
Whether the delay in filing the appeals should be condoned and whether the addition made by the AO and the penalties levied are sustainable on merits.
Which sections of the Income-tax Act were involved?
Section 68,Section 115BBE,Section 271AAC(1),Section 272A(1)(d),Section 144,Section 143(2),Section 142(1)
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Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
- Vishin Meghani v. DCIT & Anr291 citing398 ITR 250 · 2017 · HC
- CIT, M.P v. Khemraj3 citing114 ITR 75 · 1978 · HC
Income Tax Appellate Tribunal, JABALPUR BENCH, JABALPUR
Before: SH. KUL BHARAT & SH. NIKHIL CHOUDHARY
PER NIKHIL CHOUDHARY, A.M.
These three appeals have been filed by the assessee, against the various orders of the ld. CIT(A), NFAC under section 250 of the Income Tax Act, 1961 passed separately on 29.08.2024, dismissing the appeals of the assessee against the assessment order passed under section 144 on 27.04.2021, the order under section 272A(1)(d) dated 9.01.2022 and the order under section 271AAC(1) passed on 3.02.2022. As both the penalties emanate from the same assessment order and are its consequences, they are being taken up together with the Assessment for the sake convenience. The grounds of appeal are as under:- “1. That the learned CIT Appeal
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