M/S. Shri Gargi Buildcon Pvt Ltd Vs ITO, Ward 2(2), Jaipur

Parties Involved

Facts Summary

The appeal filed by the assessee, M/s. Shri Gargi Buildcon Pvt. Ltd., is against the order of the ld. CIT(A) dated 07-03-2024, National Faceless Appeal Centre, Delhi, for the assessment year 2013-14. The assessee challenged the penalty imposed under section 271(1)(c) of the Act. The Bench noted a delay of 77 days in filing the appeal, which the Director of the company attributed to an oversight by an employee responsible for checking emails and the income tax portal. The Bench considered the application for condonation of delay and found merit in it, condoning the delay based on the decision of the Hon’ble Supreme Court in Collector, Land & Acquisition Vs Mst. Katiji & Others (1987). The appeal pertains to challenging the penalty order, and the Bench decided to restore the matter to the file of the ld. CIT(A) for further adjudication based on the quantum appeal pending before the ld. CIT(A).…

Legal Issues

• 1. Whether the penalty imposed under section 271(1)(c) of the Act is justified?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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