2025 (4) TMI 907

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....], for the Assessment Year 2013-14. 2. The present appeal is delayed by 23 days. Along with the appeal, the assessee has filed the application seeking condonation of delay submitting as follows: - "1) The assessee states that the Appellate order dated 02/09/2024 received on 03/09/2024 is passed against the assessee. The manager of the assessee immediately directed Chartered accountant Mr. Uday Sonam to file appeal before ITAT. 2) The assessee states that E Challan for filing appeal before ITAT was taken out on 06/11/2024 by Chartered accountant Mr. Uday Soman, They undertook to do the needful soon after the rush of work of filing returns of income by Mr. Uday Soman was over. My affidavit detailing the aforesaid facts an....

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....here is no detail list of sundry creditors under consideration of Assessing Officer is given by Ld. Assessing officer for Rs. 1,49,01,483/- out of to Rs. 20,14,33,800.54/- sundry creditors outstanding as on 31/03/2013 to provide evidence if any available with assessee. 2. The Assessing officer has imposed the Double tax under section 41(1) of Income Tax on same set of Sundry Creditors of Rs. 1,54,94,367/- as on 31/03/2012 and Rs. 1,49,01,483/- is outstanding as on 31/03/2013. 3. The Ld. Assessing officer has erred in fact and in law that they have twice imposed tax on same set of sundry debtors one in AY 2012-13 and also in present year AY 2013-14. 4. The LD. CIT Appeal has erred in law and in facts that the figur....

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..../- Total Business loss (-) Rs. 52,96,21,769/- (-) Loss of Rs. Fifty two crores ninety six lacs twenty one thousand seven hundred sixty nine only.) 12. The Assessing officer may please be directed to produce list of sundry creditors of Rs. 1,54,94,367/- as on 31/03/2012 and Rs. 1,49,01,483/- is outstanding as on 31/03/2013" 5. We have considered the submissions of both sides and perused the material available on record. The brief facts of the case are that the assessee is engaged in the business of manufacturing specialty garments. For the year under consideration, the assessee filed its return of income on 30.09.2013 declaring a total loss of Rs. 1,46,26,640/-. The return filed by the assessee was selected for scrutiny,....

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.... Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963. The learned AR submitted that due to fire at the premises of the assessee on 06.08.2009, all the records in respect of addition made by the AO were destroyed, and therefore, the assessee could not furnish any evidence in respect of its submission. The learned AR further submitted that in the immediately preceding assessment year, i.e., 2012-13, the AO made similar addition under section 41(1) of the Act in respect of the sundry creditors appearing in its books of account. It was further submitted that the liability arose since assessment year 2008-09, and due to the fact that there was fire at the factory premises of the assessee and because of which its business has completely sh....