UTI Spectrum Fund vs. Assistant Commissioner of Income Tax - International Tax Circle

Parties Involved

Facts Summary

The assessee, UTI Spectrum Fund, filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the Assessment Year 2019-20. The appeal was filed to contest the order passed under section 250 of the Income Tax Act, 1961. The assessee raised several grounds for appeal, including the contention that the delay in filing the appeal was not deliberate and was due to delays in the resolution process by the Centralized Processing Centre and the Assessing Officer. The assessee also argued that the Commissioner of Income Tax (Appeals) erred in not considering the case on principles of natural justice and in not condoning the delay in filing the appeal. The assessee further contended that there was a mistake in the intimation under section 143(1) of the Act, which resulted in double taxation of the same income. The assessee prayed for the withdrawal of the appeal, which was granted by the tribunal.…

Legal Issues

• 1. Whether the delay in filing the appeal should be condoned?
• 2. Whether the Commissioner of Income Tax (Appeals) erred in not considering the case on principles of natural justice?

Judgment Outcome

Decided in favour of Assessee.

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