B.M. Manjunatha Gupta vs. ITO

Parties Involved

Facts Summary

The case involves an appeal filed by B.M. Manjunatha Gupta against the order of the Commissioner of Income-tax (Appeals) for the Assessment Year 2012-13. During a survey under Section 133A of the Income Tax Act, 1961, the assessee agreed to offer additional income of Rs. 29,00,000/- but did not report it in the income tax return. Consequently, the Assessing Officer added this amount and levied a penalty of Rs. 9,17,730/-. The assessee filed an appeal against this order, citing a delay in filing the appeal due to his staff not bringing the penalty order to his notice. The Commissioner of Income-tax (Appeals) dismissed the appeal without condoning the delay.…

Legal Issues

• 1. Whether the appellate order passed by the Commissioner of Income-tax (Appeals) is opposed to law, weight of evidence, probabilities, facts and circumstances of the Appellant's case.
• 2. Whether the delay in filing the appeal should be condoned.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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