Advocate’s mistaken advice: ITAT Remands Penalty Case & Condones Delay

Chirag P. Thummar Vs PCIT (ITAT Surat) Income Tax Appellate Tribunal (ITAT), Surat Bench, has remanded an appeal filed by assessee Chirag P. Thummar back to the Principal Commissioner of Income Tax (PCIT), Valsad. The appeal challenged an order passed under Section 263 of the Income Tax Act, 1961. The ITAT’s decision, pronounced on January 22, 2024, centered on two key aspects: the condonation of a significant delay in filing the appeal and the ex-parte nature of the PCIT’s original order. The assessee’s appeal to the ITAT was filed with a delay of 1740 days. After excluding the ...