Vivek Vazirchand Khanna Vs. The Income-tax Officer

Parties Involved

Facts Summary

The assessee filed a return of income declaring income of Rs. 3,56,140/-. An intimation order under section 143(1) of the Income-tax Act, 1961 was passed on 26.03.2019 making an adjustment of Rs. 24,95,579/- on account of exempt income. The assessee did not receive any intimation or correspondence from the department and believed that the return was accepted as such. The assessee filed an appeal before the Commissioner of Income Tax (Appeals) who dismissed the appeal due to an inordinate delay of 1707 days. The assessee then appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the Ld. CIT(A) erred in upholding the intimation order u/s 143(1) of the Act passed by CPC?
• 2. Whether the Ld. CIT(A) erred in not condoning the delay in filing of appeal before it?
• 3. Whether the CPC as well as the Ld. CIT(A) erred in not providing a sufficient opportunity of hearing to the Appellant?
• 4. Whether the Ld. CIT(A) erred in upholding the action of CPC in making an addition of Rs.24,95,579/- on account of Exempt Income?
• 5. Whether the levy of interest under the Act is disputed and as such unsustainable in law besides being excessive?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• A2Z Waste Management (Ranchi) Limited vs. Dy./ACIT

  Delhi Bench 'A', New Delhi benchAY 2013-14Dismissed

• Suresh Shroff Memorial Trust vs ITO Exem. Ward2(3), Mumbai

  Mumbai bench

• Jain Pravin Hiralal HUF vs. ITO, Ward-6(1), Pune

  Pune bench

• Balkan Chemicals Private Limited Vs ITO – 1(1), Kalyan

  Mumbai Bench benchAY 2013-14Allowed

• Sujit Kumar Deb Vs. Income Tax Officer 42(1)(5)

  Mumbai Bench benchAY 2013-14Allowed

• M/s Merino Industries Limited vs. DCIT, TDS Circle 1(1), Kolkata

  Kolkata Bench benchAY 2014-15, 2017-18, 2018-19, 2019-20, 2020-21, 2021-22, 2022-23, 2023-24, 2024-25, 2025-26Dismissed