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2023 (4) TMI 846

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.... the Income Tax Act, 1961 ["Act" in short]. 2. The appeal filed by the assessee is delayed by 52 days in filing the appeal before the Tribunal. The assessee has filed a petition for condonation of delay in the form of an affidavit and the submissions are reproduced as under: "1) That we received the order under section 250 of the Income Tax Act, 1961 for the assessment year 2017-18 on 05/07/2022; 2) That, as per the said order, it was found that the penalty order passed under section 270 on 18/09/2021 was dismissed. 3) The appeal against the impugned order, ought to have been filed on or before 03.09.2022, is now filed on 21/10/2022 with a delay of 48 days. 4) The delay was due to technical glitches in the income tax portal in down....

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....anations of the assessee and verifying the records, the assessment was completed under section 143(3) of the Act dated 06.12.2019. In the assessment order, while scrutinizing the profit and loss account of the assessee, the Assessing Officer has noted that the assessee has claimed a sum of Rs..1,01,64,738/- on account of repairs and maintenance. While going through the same, it was also noted that the expenditure incurred towards repair and maintenance, contains certain capital items of expenditure to the extent of Rs..20,32,948/- for which the assessee has not offered satisfactory explanation. Therefore, the sum of Rs..20,32,948/- was disallowed and added to the returned income of the assessee. 5. Subsequently, the Assessing Officer has i....