Case Law Details
Everest Grande Commercial Premises Co–Operative Society Ltd. Vs ITO (ITAT Mumbai)
In a recent decision by the Income Tax Appellate Tribunal (ITAT) Mumbai, the case of Everest Grande Commercial Premises Co–Operative Society Ltd. Vs Income Tax Officer (ITO) was heard. The appeals were filed by the assessee against the orders passed by the Commissioner of Income Tax (Appeals) for the assessment years 2018–19 and 2019–20 under section 250 of the Income Tax Act, 1961. The primary contention of the appellant was the dismissal of the appeals by the Commissioner of Income Tax (Appeals) due to the delay in filing.
Background: The appellant raised various grounds in its appeals, challenging the dismissal of the appeals by the Commissioner of Income Tax (Appeals) without condoning the delay. The grounds also included objections to the addition of specific amounts as business income based on the mutuality principle.
Tribunal Proceedings: During the hearing, the Authorized Representative (AR) for the appellant explained that the delay in filing the appeals was due to the ill-health of Mr. Shabbir N Akolawala, who was responsible for managing the accounts and administration of the assessee society. It was stated that Mr. Akolawala had been occupied with the treatment of his wife, who had been suffering from an incurable disease for the past 8 to 9 years. Additionally, part of the delay was attributed to COVID-19-related restrictions.
The Departmental Representative contested the appeal, relying on the Commissioner’s decision to dismiss the appeals due to the balance delay not being condoned.
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