Arjun Kumar Sah vs. ITO Ward-1(3), Vaishali

Parties Involved

Facts Summary

The appellant, Arjun Kumar Sah, was running a small shop through his son Mr. Anant Kumar that provided various services such as Aadhaar Enabled Payment System (AEPS), insurance premium, railway ticket booking, examination fee for recruitment, payment of electricity bill, and receiving money from customers of Satin Credit Care Network Ltd. The income from this business was below the exemption limit, and thus, the appellant did not file an income tax return for the Assessment Year 2017-18. The Assessing Officer completed the assessment order under section 144A of the Income Tax Act, 1961, and assessed the income of Rs. 85,81,397/- on account of cash deposits in the Indusind Bank during the demonetization period and cash deposited in Indusind Bank of Rs. 75,78,167/- other than demonetization as an unexplained money under section 69A of the Act. The appellant filed an appeal against this order before the Commissioner of Income-tax (Appeal)-NFAC, Delhi, which was dismissed due to a delay of 640 days.…

Legal Issues

• 1. Whether the delay in filing the appeal should be condoned?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Sushant Gupta

  Kolkata Bench benchAY 2017-2018Partly Allowed

• Shernickraj Vs. The Income Tax Officer, Non-Corporate Ward 6(1), Chennai

• Bashir Ahmad Parraypora Vs. ITO, Ward-3 (1), Srinagar

  Amritsar bench

• Shri. Devadass Suresh Vs. DCIT

  Bangalore benchAY 2017-18Allowed

• Suresh Kumar Agarwal

  SMC Bench, Kolkata benchAY 2017-2018Partly Allowed

• Islampur C.S. Shop 2

  Kolkata Bench benchAY 2017-2018Allowed