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Case Law Details

TaxGuru Citation
2024 taxguru.in 5094
Case Name
Saurashtra Cement Limited Vs DCIT (ITAT Rajkot)
Date of Judgement/Order
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Saurashtra Cement Limited Vs DCIT (ITAT Rajkot)

In a recent ruling, the Income Tax Appellate Tribunal (ITAT) in Rajkot heard two appeals filed by Saurashtra Cement Limited concerning the assessment years (AY) 2014-15 and 2015-16. These appeals were directed against separate orders issued by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, which arose from assessment orders passed by the Assessing Officer (AO) under Section 143(3) of the Income Tax Act, 1961.

Both appeals, identified as ITA Nos. 362/Rjt/2023 and 363/Rjt/2023, faced delays in filing—13 days and 12 days respectively. The company submitted a petition requesting the Tribunal to condone this delay, asserting that sufficient cause existed due to disputes regarding legal ownership of a property. The property in question had been under the unauthorized possession of relatives of the company’s former chairman. Initially, the company opted not to pursue an appeal but later decided to do so upon realizing that the ownership issue had been resolved in its favor.

The counsel for Saurashtra Cement argued that the delay occurred as the company was in the process of gathering necessary documentation to support its claim of legal ownership, and thus requested that the delay be condoned in the interest of justice.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,934

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