ITA No.528/Del/2024 Mohd. Abid (AY: 2016-17)

Parties Involved

Facts Summary

The assessee, Mohd. Abid, filed his return of income on 17.10.2016 declaring a total income of Rs.6,69,770/-. The return was processed under Section 143(1) of the Income Tax Act, 1961. The case was selected for complete scrutiny and a notice under Section 143(2) dated 14.07.2017 was served. The scrutiny proceeding resulted in additions of Rs.1,05,174/- under Section 40(a)(ia) r.w.s 194A and Rs.4,46,800/- under Section 40(A)(3). Penalty proceedings under Section 271(1)(c) were initiated for furnishing inaccurate particulars of income, and an order under Section 274/271(1)(c) was passed by the ITO on 21.06.2019. This order was confirmed by the First Appellate Authority, leading to the current appeal.…

Legal Issues

• 1. Whether the delay in filing the appeal before the CIT(A) should have been condoned?
• 2. Whether the penalty order dated 21.06.2019 requires further consideration?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Sanjeev Kumar vs. Central Circle-14

  Delhi bench

• C & S Electric Limited vs. National Faceless Assessment Centre

  Delhi Bench 'B', New Delhi benchAY 2015-16Allowed

• Smt. Chandu Vijayalakshmi vs. Income Tax Officer

  Hyderabad bench

• Shree Krishna Vanaspati Industries Pvt. Ltd. vs. Income Tax Officer, Ward-23(3), New Delhi

  Delhi Bench ‘G’ benchAY 2012-13Allowed

• Ram Garhia Cooperative Bank Ltd. vs Assistant Commissioner of Income Tax, Central Circle-63(1), New Delhi

  Delhi Bench ‘F’, New Delhi benchAY 2014-15Allowed

• Roots Developers (P) ltd. Vs. DCIT

  Delhi Bench benchAY 2011-12 & 2010-11Allowed