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6 results for “condonation of delay”+ Section 40A(7)clear

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Key Topics

Section 687Addition to Income6Section 40A(3)4Section 254(1)3Section 143(3)3Unexplained Cash Credit3Disallowance3Condonation of Delay3Section 40A(2)(b)

KESHRI EXPORT,SURAT vs. INCOME TAX OFFICER, WARD - 3(3)(3), SURAT

In the result, appeal filed by the assessee is dismissed

ITA 186/SRT/2023[20178-18]Status: DisposedITAT Surat11 Sept 2023

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.186/Srt/2023 "नधा"रण वष"/Assessment Year: (2017-18) (Virtual Hearing) Keshri Export, Vs. The Ito, 123, Gurunagar Society, Opp. Baroda Ward-3(3)(1), Prestige, Varachha Road, Surat. Surat – 395006. (Assessee) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk3785D Assessee By Shri Hiren Vepari, Ca Respondent By Shri Milan Kamble, Sr. Dr 18/07/2023 Date Of Hearing Date Of Pronouncement 11/09/2023

Section 143(3)Section 5

7. We heard both the parties on this preliminary issue. We note that primarily, delay occurred in filing the appeal is on account of that the unit of Keshri Exports totally closed down with entire manufacturing activity suspended since 2016. Keshri Exports sold its manufacturing unit in March, 2016, as it could not survive the financial crunch

DIVYABEN PRAFULCHANDRA PARMAR,SURAT vs. INCOME TAX OFFICER, WARD 1(3)(1), SURAT

In the result, appeal filed by the assessee is allowed

2
Section 52
Penalty2
Limitation/Time-bar2
ITA 73/SRT/2023[2014-15]Status: DisposedITAT Surat27 Jul 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.73/Srt/2023 (Assessment Year: 2014-15) (Physical Hearing) Divyaben Prafulchand Parmar, Vs. The Ito, Ward-1(3)(1), 1-2, Harikrishna Niwas, B/H Braham Surat. Kumari Ashram, Bhatar Road, Surat – 395017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acbpp9559Q (Appellant) (Respondent)

Section 115BSection 143(3)Section 68Section 69

7) has observed as follows: “4. When substantial justice and technical considerations are pitted against each, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.” 8. When we weigh these aspects then the side of justice becomes heavier and casts

SHREE SAI ALANG HOUSE,SURAT vs. ITO, WARD 2(2)(1), SURAT

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 906/SRT/2024[2022-23]Status: DisposedITAT Surat21 Jan 2025AY 2022-23

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.906/Srt/2024 (Ay 2022-23) (Physical Court Hearing) Shree Sai Alang House Income Tax Officer, Ward-2(2)(1), 13-15, Khodal Chhaya Society, Surat, Aaykar Bhawan, बनाम Surat Kamrej Road, Opp. Majura Gate, Vs Shyamdham Mandir, Surat-395 001 Surat-394 185 [Pan : Abefs 8896 D] अपीलाथ"/Appellant ""थ" /Respondent

Section 143(3)Section 254(1)Section 270ASection 271ASection 272A(1)(d)Section 37(1)Section 40A(2)(b)Section 68

section 40A(2)(b) on account of payment to related parties without substantiating prove of service rendered by related parties. The Assessing Office made addition under secretin 40A(2)(b) of the Act of Rs.15,73,185/-. The Assessing Officer also disallowed 30% indirect expenses. The Ld.CIT(A) confirmed the action of Assessing Officer in not admitting the appeal filed

SHANKARLAL PRAYAGCHAND PUROHIT,SURAT vs. ITO, WARD 1(2)(1), SURAT

In the result, the appeal of the assessee is allowed

ITA 714/SRT/2025[2022-23]Status: DisposedITAT Surat18 Feb 2026AY 2022-23

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

Section 250Section 40A(3)

Delay condoned. This appeal has been filed by the assessee against the order dated 11.03.2025 passed by the Ld. Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the “Ld. CIT(A)” for short), under Section 250 of the Income-tax Act, 1961 (hereinafter referred to as the “Act” for short) for Assessment Year

ACIT, CENTRAL CIRCLE, VAPI vs. M/S. SHAH VIRCHAND GOVANJI JEWELLERS PVT. LTD, SURAT

In the result, ground No. 2 of appeal raised by revenue is also dismissed

ITA 175/SRT/2020[2010-11]Status: DisposedITAT Surat08 Sept 2022AY 2010-11

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

For Respondent: “1. On the facts and circumstances o
Section 254(1)Section 68

delay was not condoned. The ld. AR, thus, submits that the grounds of appeal are covered in favour of assessee and against the Revenue. 5. On the other hand, the ld. CIT-DR and the ld. Sr.DR for the revenue both submits that the principle of res judicata is not application in income tax cases and each assessment order

ACIT, CENTRAL CIRCLE, VAPI vs. M/S. SHAH VIRCHAND GOVANJI JEWELLERS PVT. LTD, SURAT

In the result, ground No. 2 of appeal raised by revenue is also dismissed

ITA 176/SRT/2020[2012-13]Status: DisposedITAT Surat08 Sept 2022AY 2012-13

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

For Respondent: “1. On the facts and circumstances o
Section 254(1)Section 68

delay was not condoned. The ld. AR, thus, submits that the grounds of appeal are covered in favour of assessee and against the Revenue. 5. On the other hand, the ld. CIT-DR and the ld. Sr.DR for the revenue both submits that the principle of res judicata is not application in income tax cases and each assessment order