Avalon Infrastructures Pvt. Ltd. vs. ACIT/DCIT, Circle-3(2), Delhi

Parties Involved

Facts Summary

This appeal pertains to the assessment year 2019-20 and arises against the order of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [CIT(A)/NFAC], Delhi, dated 24.01.2023. The assessee, Avalon Infrastructures Pvt. Ltd., filed a belated return on 01.11.2019 at 00:00:37. The lower authorities disallowed the carry forward loss on the grounds that the return was belated and could not be treated as filed under section 139(1) of the Income-tax Act, 1961. The assessee contested this disallowance, arguing that the return was valid and should be considered for carry forward losses.…

Legal Issues

• 1. Disallowance of carry forward loss due to belated return
• 2. Disallowance of Rs.6,56,193/- u/s 36(1)(va) on account of deposit of ESI/PF beyond the due date

Judgment Outcome

Decided in favour of Assessee.

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