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Shyam Polymer vs. Income Tax Officer, Ward 34(5)

Case No: ITA No. 2989/Del/2024 (AY 2018-19)
Court: Income Tax Appellate Tribunal, Delhi
Date: 26 Sept 2024

Parties Involved

appellantShyam Polymer
respondentIncome Tax Officer, Ward 34(5)

Facts Summary

The appeal by Shyam Polymer is directed against the order of the Commissioner of Income Tax (Appeals) dated 18.03.2024 for the assessment year 2018-19. The Assessing Officer made an addition of Rs.4,49,52,605/- under section 69A of the Income Tax Act, 1961, on account of unexplained cash deposits in the bank account. The assessee filed an application seeking condonation of delay in filing the appeal, which was granted. The assessee submitted that due to personal reasons and health issues, they were unable to attend proceedings before the CIT(A). The department defended the order and submitted that the assessee failed to respond to notices issued by the CIT(A) and did not participate in the assessment proceedings. The appeal was heard, and the addition was made in the case of the assessee on account of cash deposits in the bank. The assessee failed to respond to any of the notices issued by the CIT(A) in the First Appellate Proceedings due to medical issues. The appeal was allowed for statistical purposes, and the assessee was directed to respond to the notice served by the CIT(A).

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the delay in filing the appeal is condoned?
  • 2. Whether the addition made by the Assessing Officer is justified?

Judgment Outcome

Decided in favour of Assessee.

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