DIVISIONAL AJMER TECHNICAL INSTITUTE ASSOCIATION,MERTA CITY vs. COMMISIONER OF INCOME TAX (APPEALS), DELHI

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ITA 4/JODH/2023Status: DisposedITAT Jodhpur18 January 2023AY 2019-204 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the appeals were filed within the extended limitation period due to the COVID-19 pandemic. Therefore, the CIT(A) was not justified in dismissing the appeals in limine.

What were the facts?

The assessee filed two appeals before the ITAT against an intimation under Section 143(1). The CIT(A) dismissed both appeals due to delay in filing.

What were the issues?

Whether the appeals filed before the CIT(A) were barred by limitation, considering the COVID-19 pandemic period.

Which sections of the Income-tax Act were involved?

Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI B. R. BASKARAN & Dr. S. SEETHALAKSHMI

For Appellant: Shri Nand Bihari Agarwal
For Respondent: Ms. Nidhi Nair, JCIT-DR

O R D E R PER: B. R. BASKARAN, AM Both these appeals filed by the assessee are directed against the orders passed by the ld. CIT(A), National Faceless Appeal Centre (for short ‘’NFAC’’), Delhi and both the appeals relate to the assessment year 2019-20.

2.

We notice that both the appeals relate to the very same intimation dated 16.02-2021 passed u/s 143(1) of the Act issued for Ay 2019-20. We are unable to understand as to why the assessee filed two different appeals before Ld CIT(A) and before us.

3.

Be that as it may, we heard the parties and perused the record. We noticed that the ld. CIT(A) has dismissed both the appeals on the ground that there was delay in filing the appeals. However, we noticed that in the it stated that the order was passed in the hands of the assessee on 16-02-2021 and the appeal was instituted before the ld. CIT(A) on 23-11-2021. In the case of other appeal, it is stated that the order was passed on 16-02-2021 and the appeal was instituted before the ld. CIT(A) on 21-01-2022.

4.

We noticed that all the dates mentioned above fall within the Covid period. The Hon’ble Supreme Court in the case of Suo Motu Writ Petition © No.3 of 2020 and subsequent Miscellaneous Applications thereon, had passed orders from time to time extending the limitation period due to covid pandemic. We notice that all the dates mentioned hereinabove fall within the period extended by the Hon’ble Supreme Court from time to time. Hence it cannot be said that there was delay in filing these appeals.

5.

Since we have noticed that there is no delay in filing both the appeals before the ld. CIT(A), we hold that ld CIT(A) was not justified in dismissing both the appeals in limine. Since the ld. CIT(A) has not adjudicated both the appeals on merits, therefore, we set aside the orders passed by the ld. CIT(A) in both the appeals and restore all the issue to his file with the direction to adjudicate the grounds raised by the assessee on merits.

6.

In the result, both the appeals filed by the assessee are allowed for statistical purposes.

Order pronounced in the open Court on 18 /01/2023

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