Hassan Road Construction Co. Pvt Ltd. v. Income Tax Officer

Parties Involved

Facts Summary

The assessee, Hassan Road Construction Co. Pvt Ltd., is a private limited company engaged in road construction. The company filed a return which was subjected to scrutiny. After examining the books of accounts and audit report, the assessed income was determined at Rs. 3,87,79,040/- with additions of Rs. 27,25,518/- under section 36(1)(iii) and Rs. 3,35,175/- under section 40A(3) of the Income Tax Act, 1961. The assessee challenged this assessment order in an appeal before the first appellate authority, which was dismissed due to a two-day delay in filing the appeal. The assessee argued that the delay was due to locational disadvantages and connectivity issues.…

Legal Issues

• 1. Whether the Ld. CIT(A) erred in dismissing the appeal due to a two-day delay in filing the appeal.
• 2. Whether the assessment order is bad in law due to an erroneous addition under section 36(1)(iii).

Judgment Outcome

Decided in favour of Assessee.

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