SUNIL GABRIEL FONSECA,HYDERABAD vs. INCOME TAX OFFICER, WARD-6(1), HYDERABAD

Date of Hearing : 13/05/2021 Date of Pronouncement : 25 /06/2021 O R D E R PER S.S. GODARA, J.M. This assessee’s appeal for A.Y. 2013-14 arises against the CIT(A)-6 Hyderabad’s order dated 29.08.2018 passed in case no.10408/2016-17 involving proceedings u/s 143(3) of the Income Tax Act, 1961 [for short ‘the Act’].

Heard both the parties. Case file perused.

We notice at the outset that the CIT(A) has declined assessee’s first appeal for the sole reason that he had not filed any condonation petiion explaining 46 days delay The assessee’s case on the other hand is that although he had Sri Sunil Gabriel Fonseca, Hyd. filed his lower appeal in regular mode well within time, the impugned delay only arose on account of procedural lapse in e-filing only. Ld.DR fails to dispute all these clinching aspects. All this factual backdrop sufficiently indicate that the impugned delay of 46 days in assessee’s lower appeal is neither intentional nor deliberate but on account of circumstances beyond his control. And more so, because of the newly introduced e-filing procedure. We therefore deem it appropriate to restore assessee’s instant grievance back to the CIT(A) for his fresh adjudication on merits within three effective opportunities of hearing.

This assessee’s appeal is allowed for statistical purposes.

Order pronounced in Open Court on 25/06/2021.