Jyot International Marketing Ltd. vs The Dy. Commissioner of Income Tax

Parties Involved

Facts Summary

The assessee, Jyoti International Marketing Ltd., filed its return of income for Assessment Year 2022-23 admitting total income of Rs. 16,21,130/-. The Assessing Officer (AO) determined the total income at Rs. 52,09,19,369/- by adding a sum of Rs. 51,92,98,239/- as unsecured loan. The Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (CIT(A)), dismissed the appeal for delay and non-submission of condonation petition. The assessee filed an appeal before the Income Tax Appellate Tribunal (ITAT).…

Legal Issues

• 1. Whether the CIT(A) erred in passing an Ex parte order dismissing the appeal without providing reasonable opportunity of being heard to the appellant?
• 2. Whether the CIT(A) erred in not appreciating the fact that the notice were issued on the mobile No/email address of former employee and therefore compliance could not be caused?
• 3. Whether the CIT(A) ought to have considered fact that the delay in filing of appeal was on account of reasonable cause and that the same should have been condoned in the interest of justice and equity?
• 4. Whether the CIT(A) erred in dismissing the appeal only on non-filing of application for condonation of delay and without adjudicating the grounds of appeal filed on merits by the appellant?
• 5. Whether the CIT(A) erred in not adjudicating the ground of appeal raised by the appellant challenging the addition of Rs.51,92,98,239/- made by the assessing Officer?
• 6. Whether the CIT(A) erred in not adjudicating the ground of appeal raised by the appellant for the addition made by the Assessing Officer and taxing the same u/s115BBE of the I. T. Act?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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