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Kanhaiya Kumar vs. Income Tax Officer, Wd-2(5), Biharsharif

Case No: I.T.A. No. 560/Pat/2022
Court: Income Tax Appellate Tribunal Patna Bench
Date: 9/13/2024

Parties Involved

appellantKanhaiya Kumar
respondentIncome Tax Officer, Wd-2(5), Biharsharif

Facts Summary

The appeal pertains to the Assessment Year 2017-18 and is directed against the order passed by the Commissioner of Income-tax (Appeals), NFAC, Delhi dated 22.11.2021. The appellant, Kanhaiya Kumar, filed the appeal against the ex-parte order passed by the Commissioner of Income-tax (Appeals) confirming the addition of Rs.59,62,478/- on account of total deposit in the bank during the period 01/04/2016 to 31/03/2017. The appellant argued that he was prevented by sufficient and reasonable cause from making compliance, resulting in the ex-parte order. The appeal was filed after the appellant became aware of the adverse order in November 2022.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the ex-parte order passed by the Commissioner of Income-tax (Appeals) is valid?
  • 2. Whether the addition of Rs.59,62,478/- on account of total deposit in the bank is justified?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

2 precedents cited in this judgement.

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Kanhaiya Kumar vs. Income Tax Officer, Wd-2(5), Biharsharif | I.T.A. No. 560/Pat/2022 | 2024 | Opakhya