Shiri Infrastructure & Projects, Anantapur, Anantapur V. ACIT, Circle-1, Anantapur, Anantapur

ITA 1230/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5951 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 21-04-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 21-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: M CHANDRAMOULESWARA RAO
• Keywords: Competent authority; Condonation of delay
• Section: 54; 154

Judgement Text

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