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Kuldeep Makhija Vs ITO

Case No: ITA No. 0946/PUN/2024
Court: INCOME TAX APPELLATE TRIBUNAL, ‘SMC’ BENCH PUNE
Date: 1 Oct 2024

Parties Involved

appellantKuldeep Makhija
respondentThe Income Tax Officer, Ward-10(3), Pune

Facts Summary

The assessee, Kuldeep Makhija, did not file a return of income for the assessment year 2012-13 and was identified as a 'non-filer'. Upon receiving information that Makhija purchased an immovable property valued at ₹30.00 Lakhs and earned a salary of ₹19.77 Lakhs, the case was reopened for assessment under section 148 of the Income-tax Act, 1961. Despite multiple notices, Makhija failed to provide a return of income or explain the nature and source of his investment. The Income Tax Officer proceeded ex-parte and completed the assessment under section 144 r.w.s. 147 of the Act. Makhija appealed the assessment order to the first appellate authority, which was dismissed as barred by limitation. Makhija then filed an appeal to the Income Tax Appellate Tribunal (ITAT) against the dismissal of his first appeal.

Decision in favour of

Revenue

Legal Issues

  • 1. Whether the delay in filing the appeal can be condoned?
  • 2. Whether the addition of salary income was justified?

Judgment Outcome

Decided in favour of Revenue.

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