QUANTUM GLOBAL SECURITIES LIMITED,MUMBAI vs. ITO, WARD- 20(3), DELHI
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal and restored the issue to the file of the NFAC. The NFAC was directed to grant one final opportunity to the assessee to substantiate its claim.
What were the facts?
The assessee's appeal against the NFAC's order was delayed by 157 days due to the assessee's counsel suffering from viral fever. The assessee did not appear before the NFAC and did not file any documentary evidence.
What were the issues?
Whether the delay in filing the appeal should be condoned and whether the assessee should be granted a final opportunity to present its case before the NFAC.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: SH. M. BALAGANESH & SH. SUDHIR KUMAR
Quantum Global Securities Ltd..vs ITO IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI BEFORE SH. M. BALAGANESH, ACCOUNTANT MEMBER AND SH. SUDHIR KUMAR, JUDICIAL MEMBER ITANo.3045 /Del/2025 Assessment Year: 2018-19 Quantum Global Securities Vs ITO Ward 20(3) Delhi Limited Office No.301, Stanford Plaza Opp. City Mall, Nr. Oberoi Spring New Link Road Andheri West Mumbai 400053 Pan No. AAACQ0053A (APPELLANT) (RESPONDENT) Appellant by Sh. Mohit Choudhary, CA Ms. Neetu Jain,CA (Through VC) Respondent by Sh. Dayainder Singh Sidhu CIT DR Date of hearing: 11/09/2025 Date of Pronouncement: 28/10/2025 ORDER PER SUDHIR KUMAR, JM:
This appeal by assessee is preferred against the order of National Faceless Appeal (NFAC) Delhi [for short hereinafter referred to as the “(Ld. NFAC”] dated 07.09.2024 arising out of the assessment order of the AO dated 29-13-2023 under section 147 r.w.s.144 2 .The assessee has raised the following grounds in appeal:
1. On the facts and circumstances of the case and law, the learned CIT(A) erred in confirming the action of the AO and sustaining the addition to the extent of Rs. 10,01,94,260/-.
2. On the facts and circumstances of the case and law, the learned CIT(A) erred in confirming the action of the AO in determining and adding unexplained cash credit u/s 68 to the tune of Rs. 9.99.45.856/-.
3. On the facts and circumstances of the case and law, the learned CIT(A) erred in confirming the action of the AO in determining by adding the ad-hock disallowance of expenses to the tune of Rs. 2,25,317/-.
4. On the facts and circumstances of the case and law, the learned CIT(A) erred in confirming the action of the AO in determining by adding Rs. 23,083/- u/s 14 A read with rule 8D.
3. The appeal is time barred by 157 days. The Ld. AR stated that appeal should be filed by 06-11-2024 but filed by the 157 days delay, because the learned counsel of the assessee was suffering from the viral fever. The director of the company Sh. Raju Khan has filed the affidavit in which he explained the cause of delay. The assessee has shown the sufficient cause for not filing the appeal with in time, therefore, we condone the delay and admit the appeal for adjudication. 2 Quantum Global Securities Ltd..vs ITO 4.The brief facts of the case are that assessee is a Limited Company and filed its return of income for the A.Y.2017-18 on 31-12-2018 declaring total income of Rs. 13,85,910/-/-. The return of the assessee was processed u/s 143(1) of the Act .The case was selected for scrutiny through CASS. Show cause notice u/s 147 of the Act was issued. Subsequently notice under section 148 of the was issued, The Assessing officer passed the order under section 144 r.w.s. 144B of the Act on total income of Rs. 20,74,05,310/-. Later on the Assessing Officer found that the assessee has taken the accommodation entry of Rs. 40,00,000/- through a bogus shell /paper company and completed the assessment after making the addition on various heads and assessed the income at Rs. 21,14,05,307/- Aggrieved the order of the Assessing officer the assessee, preferred the appeal before the Ld. NFAC who vide his order dated 07-09-2024 dismissed the appeal against which the assesse is in appeal before the Tribunal.
Ld. AR of the assessee submitted that assessee did not appear before the Ld. NFAC and nit filed any documentary evidence.
Quantum Global Securities Ltd..vs ITO 6. The Ld. Departmental representative (DR) pointed out that the assessee did not appear before the Ld. NFAC, after filing the appeal. The appeal was rightly rejected.
We have heard the parties and perused the material available on record. It is admitted fact that the assessee did not appear before the Ld. NFAC and appeal was decided on the grounds taken and statement of facts of the assessee. Since in the instant case the assessee did not appear before the Ld. NFAC, therefore, considering the totality of the facts and circumstances of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Ld. NFAC with a direction to grant one final opportunity to the assessee to substantiate its claim and decide the issue as per fact and law. The assessee is also directed to appear before the Ld. NFAC and co-operate in the proceedings. The grounds raised by the assessee are accordingly allowed for statistical purposes.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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