SUNIL KUMAR MISHRA,HOWRAH vs. ITO, WARD-40(1), KOLKATA
In the result, appeal of the assessee is allowed for statistical purposes
ITA 277/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Jul 2024AY 2017-18
Bench: Dr. Manish Borad & Shri Pradip Kumar Choubeyi.T.A. No.277/Kol/2024 Assessment Year: 2017-18 Sunil Kumar Mishra ………. Appellant (Pan: Ahppm0825R) Vs. Income Tax Officer, Ward-40(1), Kolkata. ………… Respondent Appearances By: Shri Gopal Ram Sharma, Ar Appeared For Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr Appeared For Respondent. Date Of Concluding The Hearing : 04.06.2024 Date Of Pronouncing The Order : 09.07.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2017-18 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 21.07.2023 Arising Out Of The Assessment Order U/S 144 Of The Act By Ito, Ward-40(1), Kolkata Dated 24.12.2019. 2. Registry Has Informed That This Appeal Of Assessee Is Time Barred By 96 Days. Application For Condonation Of Delay Has Been Filed By Assessee. Perusal Of The Same & Also Considering The Ratio Of I.T.A. No. 277/Kol/2024 Sunil Kumar Mishra, Ay : 2017-18
Section 115BSection 144Section 246ASection 250Section 264Section 271ASection 69A
…that the Ld. CIT (A) misconceived in dismissing appeal on the ground that the assessee availed the remedy u/s.264 prior to invoking section 246A which could not be a bar in filing an appeal in view of the ratio decided in CIT v. D. Lakshminarayanapathi [2001] 250 ITR 187 (Madras) which was followed in case of M. Jayabalan v. CIT, Chennai-VI [2013] 40 taxmann.com 218 (Madras). 6. For that the addition of Rs.1,25,90,000/- u/s. 69A of the Act treating the total deposit during the year as unexplained money is illegal & void. 7. For that the Ld. CIT (A) erred in not considering submission of the assessee who prayed fo…