APEEJAY HOUSE PVT. LTD,KOLKATA vs. DCIT,CIR-8(1)., KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found that the assessee had filed the appeal within the extended time limit as per the CBDT circular. Therefore, the CIT(A) erred in dismissing the appeal on delay.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed solely on grounds of delay. The assessee contended that the delay was condoned by a CBDT circular extending the filing deadline due to technical issues with the online portal.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal on grounds of delay when the appeal was filed within the extended period granted by a CBDT circular.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, KOLKATA
Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE
O R D E R
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “ld. CIT(A)”], bearing DIN & Order No. ITBA/NFAC/S/250/2022-23/1049633071(1) passed u/s 250 of the Income-tax Act, 1961 (hereinafter the ‘Act’), dated 10/02/2023 for the Assessment Year 2013-14.
At the outset, the ld. Counsel for the assessee submitted that the ld. CIT(A) dismissed the appeal only on account of delay in filing of the appeal and no adjudication has been done on merit and further submitted that in pursuance to the CBDT Circular No. 20/2016, dt. 26/05/2016, the time for filing the appeal was extended till 15/06/2016 and the assessee submitted the appeal on 14/06/2015 and, therefore, there was no delay. Thus, prayer was made to direct the ld. CIT(A) to admit the appeal on merits and decide the issue raised therein considering the submissions of the assessee. On the other Assessment Year: 2013-14 Apeejay House Pvt. Ltd. hand, the ld. D/R was fair enough not to oppose the submissions of the assessee.
We have heard the rival contentions and perused the material placed before us.
Vide Ground No. 1, the grievance of the assessee is that the ld. CIT(A) erred in dismissing the appeal in limine on account of delay in filing of the appeal. We notice that the assessment u/s 143(3) of the Act was for Assessment Year 2013-14 was framed on 04/03/2016 and the same was served on 18/03/2016. At that point of time online filing of appeal before the ld. CIT(A) was commenced through online mode and there were certain technical defects faced by the users on the Income-tax portal. Considering such technical defects, CBDT issued a circular on 26/05/2016 bearing No. 20/2016 extending the deadline for e-filing of appeal up to 15/06/2016 in respect of appeals due to be filed up to 15/05/2016. We further notice that the assessee has filed appeal before ld. CIT(A) through online mode on 14/06/2016 and was well covered with the Circular referred hereinabove. Under these facts and circumstances, we observe that the ld. CIT(A) erred in dismissing the appeal holding that there was a delay of 56 days in filing the appeal.
Since there was no delay and assessee has filed the appeal within the prescribed time limit, we direct the ld. CIT(A) to admit the appeal of the assessee and decide all the issues raised on merit, by way of passing a speaking order considering the submissions of the assessee for which sufficient opportunity to be provided. The assessee is directed to remain vigilant and file necessary documents, if considered Assessment Year: 2013-14 Apeejay House Pvt. Ltd.
Recent GST High Court judgments
Search GST case law →- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026
- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026