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Filing cit appeal.......today is the last day please help

Rizwan Shaikh (MD) (32 Points)

20 January 2019

Dear Experts,

I seriously need your help as today (20.01.2019) is the last day to file APPEAL before CIT Mumbai.

Statement of Facts:

The Assessing Officer has assessed tax liability of 7 Cr. on the deceased Assessee. The legal heirs have been implicated. Untill 29.11.2018 the legal heirs were unaware why the case has been re-opened and the AO passed the order on 13.12.2018 only 14 days of sufficient time was given to the legal heirs for their say. I would appreciate if you refer to the attachment and advice me the grounds for appeal. PLEASE HELP

Regards,

Rizwan Shaikh

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4 Replies

Aashish Bansal (Article) (698 Points)
Replied 20 January 2019

I think the AO has not given sufficient opportunity of being heard.. so other remedy is available is application u/s 264 as it is erroneous...

Rizwan Shaikh (MD) (32 Points)
Replied 20 January 2019

Bansal ji, many thanks for your reply,

where should I send this application, or should i take it in grounds for appeal.

Rizwan Shaikh

Aashish Bansal (Article) (698 Points)
Replied 21 January 2019

section 264 is alternative remedy for rectification of order of AO by CIT that has a more time period to fill application...
Honestly speaking I haven't done any practical work.
so all I can help is with the provisions..

Bharat Khatri (Practicing CA and Tax Expert) (22 Points)
Replied 27 January 2019

You can still file appeal before the CIT(A) with application to condone delay in filing of appeal giving reasons for the delay. If CIT(A) is feels the reason is good, he may accept the appeal. In case, you have any difficulty, call me at +919820118326.