2025 (1) TMI 284

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....Y 2017-18, the Learned Assessing Officer and Commissioner of Income Tax (Appeals) erred in: 1. Adding an amount of Rs 50,50,505 to the income returned under income from other sources, without appreciating the fact that the said amount represent an advance received which was duly returned; 2. Not serving order passed by AO u/s 154 of the Act and also not uploading the same on the income tax portal; 3. Not providing any opportunity to be heard before passing of the Order; 4. Levy of Interest u/s 234A, 234B and 234C of the Act. Each of the grounds given below is independent and without prejudice to the other grounds of appeal preferred by the Appellant. The Appellant prays for leave to add, alter, vary, omit, substitute or amend th....

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....t, despite repeated requests and efforts made on behalf of the assessee. Finally, the assessee received the impugned order only on 13/10/2023 and thereafter, filed the appeal before the learned CIT (A). The learned AR has submitted that, the assessee has explained the cause of delay before the learned CIT (A) and narrated all the relevant facts, particularly, the non-receipt of order passed u/s 154 of the Act. The learned AR has submitted that, the addition made by the CPC is highly unjustified and arbitrary, as there was no such income earned by the assessee. However, an amount of Rs. 50.00 lakhs was received as advance on 9/5/2016 which was subsequently refunded on 6/10/2018 and 12/10/2018 respectively. He has referred to the Bank Account....

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....The CPC while processing the return of income on 27/05/2019 has made an adjustment and assessed the income from other sources at Rs. 50,50,505/- as against the income declared by the assessee under the head "income from other sources" at Rs. 1,04,838/-. On 21/02/2020, the assessee filed a rectification petition with the CPC which was disposed of vide order dated 2/3/2020 maintaining the original order u/s 143(1) without giving any relief to the assessee. The assessee thereafter, filed the appeal before the learned CIT (A) on 28/10/2023 after a delay of 503 days. The learned CIT (A) has declined to condone the delay of 503 days in filing the appeal and dismissed the appeal of the assessee being not maintainable. The assessee has an affidavit....

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....vided a physical copy of the Rectification Order on 14th October 2023. 5. Upon receiving the Order and understanding the reason for the demand, I promptly filed the appeal on 28th October 2023. 5. I, That I have always acted as a law-abiding citizen and have been committed to fulfilling all my legal and tax obligations. The alleged delay in filing the appeal before CIT(A) was due to lack of communication. There was no intention to disregard the legal process, and I have made every effort to address the issue as soon as I became aware of it. I, hereby confirm that the contents of the affidavit are true and correct to the best of my personal knowledge, information and belief. Yours Truthfully Padma Rao Thgulla Date: 21-12-2024" 6....