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6 results for “condonation of delay”+ Natural Justiceclear

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Key Topics

Section 143(1)6Section 1475Section 1485Addition to Income5Section 694Section 2503Condonation of Delay3Section 124(3)(a)2Section 124(2)

BRIJ BIHARI DUBEY EDUCATIONAL TRUST,GORAKHPUR vs. THE DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTION, LUCKNOW

In the result, appeal of the assessee is dismissed

ITA 45/VNS/2022[2014-2015]Status: DisposedITAT Varanasi24 Feb 2023AY 2014-2015

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2014-15 Brij Bihari Dubey Educational Trust, Vs. The Deputy Commissioner C-251, Budh Vihar, Taramandal, Of Income Tax-Cpc, Gorakhpur-273001, Uttar Pradesh Bangalore Pan-Aabtb7657D (Appellant) (Respondent) Appellant By: Sh. Subhash Chand, Adv & Sh. Ashutosh Bhardwaj, Adv Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 09.02.2023 Date Of Pronouncement: 24.02.2023 O R D E R

For Appellant: Sh. Subhash Chand, Adv & ShFor Respondent: Sh. A.K. Singh, Sr. DR
Section 11Section 12ASection 143(1)Section 143(1)(a)Section 154

condonation of delay is not the length of delay but sufficiency of a satisfactory explanation. The degree of leniency to be shown by a court depends on the nature of application and facts and circumstances of the case. For example, courts view delays in making applications in a pending appeal more leniently than delays in the institution of an appeal

2
Section 250(1)2
Cash Deposit2
Reassessment2

RISHIKESH SHUKLA,SINGRAULI vs. ITO, WARD - III (1), MIRZAPUR

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

ITA 124/VNS/2020[2009-2010]Status: DisposedITAT Varanasi19 May 2023AY 2009-2010

Bench: Shri Ramit Kochar & Shri Pavan Kumar Gadaleassessment Year:2009-10 Shri Rishikesh Shukla, Income Tax Officer, S/O Shri K. P. Shukla, V. Ward-Iii(1), Sharma Colony, Mirzapur,U.P.. Waidhan,Singrauli-486886, Madhya Pradesh . Pan:Bcmps8094M (Appellant) (Respondent)

Section 143(3)Section 147Section 148Section 253(3)

justice because appeal has been disposed of without giving proper opportunity of hearing. 3. The appellate order dated 19.11.2019 is opposed to the law and facts of the case because ld. CIT (Appeals) has not considered the nature of business in confirming the estimated income @ 8% NP rate on contractual receipt of transportation business. 4. The Ld. CIT (Appeals) erred

DEZIRE LIFE SCIENCES PVT. LTD.,MAU vs. INCOME TAX OFFICER, WARD - 3(3), MAU

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 32/VNS/2022[2018-2019]Status: DisposedITAT Varanasi11 Apr 2023AY 2018-2019

Bench: Shri Ramit Kochar & Shri Pavan Kumar Gadaledezirelife Sciencespvtltd Vs. Income Tax Officer, Near Dr.Mangala Singh, Ward 3(3), Mau Maunath Bhanjan, Uttar Pradesh Sahadatpura, Mau Uttar Pradesh- 275101. Pan/Gir No. : Aaecd1327L Appellant .. Respondent Appellant By : Shri. Sanjay Dubey.Ar Respondent By : Shri .A.K. Singh.Dr Date Of Hearing 10.04.2023 Date Of Pronouncement 11.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/S. 250 Of The Income Tax Act, 1961.The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Sanjay Dubey.ARFor Respondent: Shri .A.K. Singh.DR
Section 143(1)Section 250Section 43B

natural justice, shall provide one more opportunity of hearing to the assessee to substantiate the case before the CIT(A) on merits along with the condonation petition for the delay

GUNJAN RUNGTA,KUSHINAGAR vs. INCOME TAX OFFICER, WARD - 2(4), KUSHINAGAR

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 50/VNS/2022[2012-2013]Status: DisposedITAT Varanasi10 Oct 2025AY 2012-2013

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Gunjan Rungta V. The Income Tax Officer Onkar Vatika Colony Ward 2(4) Padrauna, Kushinagar (U.P) Kushinagar Tan/Pan:Agmpr5334G (Appellant) (Respondent) Appellant By: Shri Ashish Bansal, Advocate Respondent By: Smt Amandeep Kaur, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 15.06.2022, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That During The Year Under Consideration The Assessee Had Purchased An Immovable Property For A Consideration Of Rs.30,50,000/-. To Examine This Transaction, The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148 Of The Act. However, There Was No Response From The Side Of The Assessee To The Notice Under Section 148 Of The Act. Thereafter, The

For Appellant: Shri Ashish Bansal, AdvocateFor Respondent: Smt Amandeep Kaur, D.R
Section 147Section 148Section 69

natural justice. 3.0 The Ld. Authorized Representative for the assessee (Ld. A.R.) submitted that there is a delay of 73 days in filing the appeal before the Tribunal. He further submitted that the assessee had filed an application dated Nil for condonation

RAKESH KUMAR GUPTA,GHAZIPUR vs. ITO, WARD - 3(5), GHAZIPUR

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 18/VNS/2023[2017-2018]Status: DisposedITAT Varanasi13 Apr 2023AY 2017-2018

Bench: Shri Ramit Kochar & Shri Pavan Kumar Gadalerakesh Kumar Gupta, Vs. Income Tax Officer, Bakharipur, Ward 3(5), Mohammadabad, Ghazipur District- Ghazipur Uttar Pradesh. Uttar Pradesh Pan/Gir No. : Axhpg7724R Appellant .. Respondent Appellant By : Shri O.P. Shukla & Shri Ashutosh Barnwal, Advocates.Ar Respondent By : Shri A.K. Singh. Dr Date Of Hearing 12.04.2023 Date Of Pronouncement 12.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/S. 250 Of The Income Tax Act, 1961. Rakesh Kumar Gupta 2. At The Time Of Hearing, Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Appeal & The Assessee Was Suffering From Cancer & Filed An Application For Condonation Of Delay Along With Details Of Medical Diagnosis To Substantiate The Reasonable Cause For Delay Of 151 Days In Filing The Appeal. We Have Considered The Facts Mentioned In The Condo Nation Application & Supporting The Evidences & Find That The Assessee Has Explained The Reasonable Cause For The Delay & The Ld. Dr Has No Serious Objections. Accordingly,We Condone The Delay & Admit The Appeal & Heard.

For Appellant: Shri O.P. Shukla, And Shri Ashutosh BarnwalFor Respondent: Shri A.K. Singh. DR
Section 115Section 133(6)Section 143(2)Section 144Section 250Section 69

condone the delay and admit the appeal and heard. 3. The assessee has raised the following grounds of appeal: “1. Because, appellate order passed by learned CIT (Appeals) is bad in law as well as facts and liable to be canceled. 2. Because, learned CIT (Appeals) was not justified to make addition on amount Rs.2227054/- treating dimmed Income

INCOME TAX OFFICER, WARD - 2 (1),, VARANASI vs. PROMINENT DATAMATICS MARKETING PVT. LTD., , VARANASI

ITA 135/VNS/2020[2017-2018]Status: DisposedITAT Varanasi05 Jan 2026AY 2017-2018

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 124(1)(a)Section 124(2)Section 124(3)(a)Section 250(1)Section 255(4)Section 69A

condoning the delay citing the reasons for the delay in filing before the Delhi benches, if so advised. 8. In the result, the appeal filed by the revenue is dismissed. 9. Order pronounced in the open court on 26.09.2023. (AMIT SHUKLA) ACCOUNTANT MEMBER Dated 26th September, 2023. 8. In view of the above discussion, I find that after the judgement