Coal Carriers, Main Road, At/PO/PS: Brajarajnagar, Jharsuguda Vs. ACIT, Circle-1(1), Sambalpur

Parties Involved

Facts Summary

The assessee, Coal Carriers, Main Road, At/PO/PS: Brajarajnagar, Jharsuguda, filed an appeal against the order of the ld CIT(A), NFAC, Delhi dated 8.2.2024 in Appeal Sambalpur/10358/2019-20 for the assessment year 2012-13. The appeal is time barred by 68 days. The assessee has filed a condonation petition supported by affidavit and medical certificate stating that as the Managing Partner of the appellant firm was seriously suffered from polyarthiritis and other neuro and orthopedic problem and hospitalized frequently for treatment, he could not be able to take necessary steps for filing the appeal within the time, therefore, there was delay of 68 days. This contention of the assessee has not been found to be false considering the petition and other supported documents. Therefore, the delay of 68 days in filing of appeal is condoned and appeal is admitted for hearing.…

Legal Issues

• 1. Whether the reassessment order passed by the learned A.O. is sustainable in the eye of law?
• 2. Whether the reassessment proceeding initiated and order passed u/s.147/1433) of the Act by the learned A.O. is barred by limitation?
• 3. Whether the addition of Rs.6,00,000.00 made by the learned A.O. u/s.68 of the Act is sustainable in the eye of law?
• 4. Whether section 68 of the Act has no application under the facts and in the circumstances of the case?

Judgment Outcome

Decided in favour of Assessee.

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