Srikrishan Agarwal vs. DCIT, Circle-3(2), Gangtok

Parties Involved

Facts Summary

The assessee, Srikrishan Agarwal, did not file an Income Tax Return for the assessment years 2011-12, 2012-13, and 2017-18. The Assessing Officer found that the assessee made business receipts of Rs.16772790/- during the year under consideration and issued a notice under section 148. However, the assessee did not file the ITR in response. The Assessing Officer completed reassessment proceedings and assessed the total income of the assessee at Rs.1341823/- by estimating business profits at 8% on the turnover value. Aggrieved by this order, the assessee filed an appeal before the CIT(A), which was dismissed on the ground of delay. The assessee then appealed to the Income Tax Appellate Tribunal, claiming exemption under section 10(26AAA) of the Income-tax Act, 1961, and citing reasons for the delay due to the Covid-19 pandemic and lack of technical knowledge.…

Legal Issues

• 1. Whether the delay in filing the appeal should be condoned?
• 2. Whether the assessee’s income is exempt under section 10(26AAA) of the Income-tax Act, 1961?
• 3. Whether the appeal should be dismissed on the ground of delay without considering the merits?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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