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Atmaram Baburao Jadhav v/s Income Tax Officer Circle 22(1)

Case No: ITA no. 4004/Mum./2024
Court: Income Tax Appellate Tribunal, Mumbai
Date: 9/20/2024

Parties Involved

appellantAtmaram Baburao Jadhav
respondentIncome Tax Officer Circle 22(1)

Facts Summary

The present appeal has been filed by the assessee, Atmaram Baburao Jadhav, challenging the order dated 29/07/2024 passed by the Commissioner of Income Tax (Appeals) for the assessment year 2017-18. The assessee raised several grounds for appeal, including the delay in filing the appeal, errors in income assessment, and omissions in granting deductions. The assessee explained that the delay in filing the appeal was due to reasons beyond their control, such as failure to update their address and email on the Income Tax portal and receiving notices at their old residence.

Decision in favour of

Assessee

Legal Issues

  • 1. The learned CIT(A) erred in not condoning the delay in filing the appeal.
  • 2. The learned CIT(A) erred in ignoring the judgment of the Supreme Court in the case of Collector of Land Revenue v Mrs Katiji& Others.
  • 3. The Learned Assessing Officer and CIT(A) erred in assessing the total income.
  • 4. The Learned Assessing Officer and CIT(A) erred in making an addition under the head Short Term Capital Gains.
  • 5. The Learned Assessing Officer and CIT(A) erred in making an addition u/s 69 r.w.s. 115BBE.
  • 6. The Learned Assessing Officer and CIT(A) erred in making an addition u/s 56(2)(vii)(b).

2 further legal issues analysed in the full judgement.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

2 precedents cited in this judgement.

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