Nichino India Private Limited vs. DCIT / ACIT

Parties Involved

Facts Summary

Nichino India Private Limited, formerly Nichino Chemical India Private Limited, filed an appeal against the order passed by the Commissioner of Income Tax (Appeals) in Mumbai for the assessment year 2020-21. The assessee had filed a return of income declaring a loss of Rs.3,93,94,677/-. An intimation under section 143(1) of the Income Tax Act, 1961 was served on the assessee on 19/11/2021, determining the loss at Rs.2,65,54,308/-. Subsequently, an order under section 143(3) was passed on 09/11/2023, determining the loss at Rs.85,01,308/-. The assessee preferred an appeal against the order dated 06/12/2023 under section 143(1) of the Act with a delay. The Commissioner of Income Tax (Appeals) refused to condone the delay and dismissed the appeal. The assessee then preferred an appeal before the Income Tax Appellate Tribunal, Hyderabad, which was allowed for statistical purposes.…

Legal Issues

• 1. Whether the delay in preferring the appeal against the order under section 143(1) of the Act can be condoned?
• 2. Whether the appeal against the order under section 143(1) of the Act has become infructuous?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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