Ivan Santosh Fernandes v. Deputy Commissioner of Income Tax, Circle-22(1), Mumbai

Parties Involved

Facts Summary

The assessee filed an original return of income on 29/09/2012 declaring total income at Rs. 28,49,620/-. The return was processed under section 143(3) of the Act at a total income of Rs. 48,73,430/-. On 30/03/2019, the assessment was reopened, and the re-assessment was completed at Rs. 2,46,88,933/-. The assessee challenged the assessment before the Commissioner of Income Tax (Appeals) but the Commissioner dismissed the appeal as time-barred. The assessee then filed an appeal against the order of the Commissioner of Income Tax (Appeals).…

Legal Issues

• 1. Whether the appeal filed by the assessee is maintainable?
• 2. Whether the levy of penalty under section 271(1)(c) of the Act is justified?

Judgment Outcome

Decided in favour of Assessee.

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