MUKHTAR AHMAD SHEIKH,BANDIPORA vs. ITO WARD 1, SRINAGAR
What did the Tribunal hold?
The Tribunal condoned a 400-day delay in filing the appeal due to the assessee's medical issues. It remanded the case back to the CIT(A) to provide the assessee with another opportunity to be heard and present his case, emphasizing principles of natural justice.
What were the facts?
The assessee deposited Rs. 29.91 lacs in cash during demonetization but failed to file a return or respond to notices. The AO completed the assessment ex-parte, adding the cash deposit under Section 69 and estimating business profit. The CIT(A) dismissed the appeal due to non-compliance by the assessee.
What were the issues?
The key legal issues were the condonation of delay in filing the appeal due to medical reasons and whether the assessee was denied a proper opportunity of being heard during assessment and first appellate proceedings.
Which sections of the Income-tax Act were involved?
Section 69,Section 142(1),Section 144,Section 147,Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, ‘DB’ AMRITSAR
Before: SHRI MANOJ KUMAR AGGARWAL & SHRI UDAYAN DASGUPTA
O R D E R Per Udayan Dasgupta, J.M.:
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