J.K. Infrastructure Vs. ITO

Parties Involved

Facts Summary

The appellant, M/s. J K Infrastructure, is a partnership firm engaged in the business of Developing, Operating & Maintaining of infrastructure facility. The firm filed its income return electronically on 07.11.2017, declaring a total income of Rs. 9,64,400/-. The Income-tax Officer, Ward-1(1)(1), Rajkot, assessed the income of the appellant at Rs. 1,07,09,082/- on 10.12.2019. The appellant filed an appeal against the assessment order before the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi, which was dismissed on 08.12.2023. The appellant further appealed to the Income Tax Appellate Tribunal, Rajkot, against the order of dismissal.…

Legal Issues

• 1. Dismissal of appeal ex-parte by CIT(A)
• 2. Condonation of delay in filing the appeal
• 3. Addition of Rs.30,10,700/- u/s.68 r.w.s. 115BBE
• 4. Disallowance of Rs.39,57,790/- being 10% of expenses
• 5. Disallowance of Rs.6,75,480/- being 20% of contract expenses
• 6. Addition of Rs.4,00,000/- u/s.68 r.w.s. 115BBE

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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