2020 (2) TMI 335

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....ppellant. Mr. Tejveer Singh for the Respondent. P.C:- 1. Heard Mr. Irani, learned counsel for the appellant and Mr. Tejveer Singh, learned standing counsel, revenue for the respondent. 2. This appeal has been fled under Section 260A of the Income Tax Act, 1961 ("the Act" for short) against the order dated 30.11.2016 passed by the Income Tax Appellate Tribunal, "H" Bench, Mumbai ("Tribu....

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....nt facts are briefly stated as under : 4.1. For the Assessment Year under consideration, Assessing Officer passed the assessment order on 01.02.2012. In the said assessment order certain deductions were allowed under Section 80IC of the Act. 4.2. The jurisdictional administrative Commissioner i.e. Commissioner of Income Tax -8, Mumbai was of the view that the Assessing Officer had wrongly al....

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....tioner preferred appeal before the Commissioner of Income Tax (Appeals)-17, Mumbai i.e. the first appellate authority. However, by the appellate order dated 28.08.2015, the first appellate authority dismissed the appeal of the petitioner. Aggrieved thereby petitioner preferred appeal before the Tribunal which was registered as ITA No. 5096/Mum/2015. In the meanwhile, petitioner having realised tha....

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....16 dealing with non-condonation of the delay in fling ITA No. 4866 of 2015 resulting in dismissal of the appeal as time barred. 6. On going through the relevant portion of the order passed by the Tribunal, we find that Tribunal did not accept the contention of the appellant that it was under a bonafide belief that since it had fled appeal against the consequential order of assessment as affirme....