Winwin Innfra (India) Private Limited Vs. DCIT, Central Circle-2(3), Pune

Parties Involved

Facts Summary

The assessee, Winwin Innfra (India) Private Limited, is a company engaged in the business of marketing and selling real estate products. It filed its return of income for the assessment years 2015-16 and 2016-17 declaring a total loss. A survey action was conducted by the department, which detected evidence of cash sales and suppression of profit by the assessee. The case was reopened, and a notice was issued under section 148 of the Income Tax Act, 1961. The assessee did not respond to the notice and subsequent notices issued under section 142(1) of the Act. The Assessing Officer proceeded to complete the assessment under section 144 and made additions. The assessee filed appeals against the orders of the Commissioner of Income Tax (Appeals) for not condoning the delay and due to non-appearance.…

Legal Issues

• 1. Non-condonation of delay in filing the appeal by the assessee.
• 2. Penalty levied under section 271(1)(c) of the Income Tax Act, 1961.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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