Case Law Details
Milap Niranjanbhai Shah Vs ITO (ITAT Ahmedabad)
Introduction: The appeal filed by Milap Niranjanbhai Shah against the order of the Commissioner of Income Tax (Appeals)-5, Ahmedabad, dated 15.10.2019, for A.Y. 2011-12, raises concerns about the dismissal of the appeal due to a 1190-day delay attributed to medical reasons.
Detailed Analysis: The grounds of appeal highlight the legal contentions, emphasizing the medical grounds for the delayed filing and disputing the addition of Rs. 8,00,130/- towards short-term capital gains from share transactions and undisclosed sources.
The appellant argues that the Commissioner of Income Tax (Appeals) erred in dismissing the appeal without fully considering the medical circumstances causing the delay. The analysis also addresses the confirmation of the addition made by the Assessing Officer, citing evidence such as Form 16 and statements from the broker.
A crucial aspect is the appellant’s plea to set aside the matter for fresh adjudication, invoking precedents from ITAT Ahmedabad and ITAT Kolkata. The appellant further relies on legal principles, including the Supreme Court’s stance on condoning delays.
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