Akshaykumar Lathiya Vs ITO

Parties Involved

Facts Summary

The appeal by the assessee, Akshaykumar Lathiya, is directed against the order of the National Faceless Appeal Centre, Delhi (NFAC)/learned Commissioner of Income Tax (Appeals) dated 31/08/2023 for the Assessment Year (AY) 2017-18. The ld CIT(A) confirmed the action of Assessing Officer in making addition of Rs.36.00 lacs under section 69A on account of cash deposit during demonetization period and taxed the additions under section 115BBE @ 77.25%. The assessee has filed an application for condonation of delay in filing appeal before the Tribunal. The assessee submits that there was no intentional or deliberate delay in filing appeal, rather due to the reasons explained in the condonation application. The assessee was not well-versed with the e-mail and ultimately the appeal of assessee was dismissed in ex parte order. The assessee was not aware about passing such order. The assessee came to know about passing of the impugned order only in the month of March 2024, when he checked ITD Portal. The assessee immediately consulted with Senior CA Sh Rasesh Shah and filed present appeal.…

Legal Issues

• 1. Condonation of delay in filing appeal
• 2. Assessment order passed by Assessing Officer

Judgment Outcome

Decided in favour of Assessee.

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