Welcome Traders vs. The Deputy Commissioner of Income Tax
Parties Involved
Facts Summary
The assessee, Welcome Traders, filed a return of income on 14.01.2021 declaring total income at Rs.8,64,780. The case was selected for scrutiny under CASS. During the assessment proceedings, the Assessing Officer issued various notices and part details were supplied by the assessee. Notice u/s. 133(6) was also sent to creditors for verification of purchase and genuineness, some of the creditors did not respond. Therefore the AO doubted the genuineness of transactions and made disallowance u/s. 37 of Rs.1,58,22,786. The AO also made addition u/s. s. 40A(3) of Rs.94,40,000 and completed the assessment on 26.11.2022. Against the assessment order the assessee filed appeal before the CIT(Appeals) ON 14.2.2023 belatedly by 111 days. The assessee filed reasons for condoning the delay which were not accepted by the CIT(Appeals) observing that the appeal of the assessee is not filed as per section 249(3) of the Act and without going into the merits of the case, he dismissed the appeal of the assessee as not maintainable. Aggrieved, the assessee is in appeal before the ITAT.…
Decision in favour of
Partly Assessee / Partly Revenue
Legal Issues
- 1. Whether the delay in filing the appeal can be condoned?
Judgment Outcome
Decided in favour of Partly Assessee / Partly Revenue.
Precedents Relied Upon
6 precedents cited in this judgement.
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