Appeal Can’t Be Dismissed for Delay When Assessment Order Itself Was Not Served: ITAT Mumbai

Mohammed Raza Hasnain Shaikh Vs ITO (ITAT Mumbai) In this case, the appeal before the Income Tax Appellate Tribunal, Mumbai Bench, arose from an order of the Commissioner of Income-tax (Appeals) dismissing the assessee’s appeal in limine on the grounds of substantial delay and alleged defects in filing. For the relevant assessment year, the assessee had not originally filed a return of income. Based on information received from the Investigation Wing regarding alleged transactions of ₹25 lakh in penny stock scrips, the Assessing Officer formed a belief that income had escaped assessment an...