COMANTRA E-SOLUTIONS PVT. LTD.,KOLKATA vs. A.C.I.T.(CPC), TDS, BANGALORE
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals, citing sufficient cause and the principle that substantial justice should prevail over technicalities. The appeals were restored to the CIT(A) for a decision on merits.
What were the facts?
The assessee's appeals were filed beyond the prescribed limitation period. The delay was attributed to the illness of the CEO and issues with receiving online notices, leading to ex-parte orders.
What were the issues?
Whether the delay in filing the appeals was sufficiently explained and should be condoned. The main issue was the confirmation of late filing fees under Section 234E.
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: Shri Rajesh Kumar & Shri Sonjoy Sarma]
क$ �त&थ Date of Pronouncement/ 21.04.2023 आदेश उ)घोषणा क$ �त&थ For the Appellant/ Shri Siddharth Agarwal, Advocate �नधा�/रती क$ ओर से For the Respondent/ Smt. Ranu Biswas, Addl. CITDR राज�व क$ ओर से ORDER / आदेश Per Rajesh Kumar, AM: These are the appeals preferred by the assessee against the separate orders of the Ld. Commissioner of Income Tax (Appeals) – NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)”] dated 16.03.2022 for the AY 2014-15.
At the outset it was brought to our notice that the appeals filed by the assesse are barred by limitation by 226 days. After hearing the rival contentions of both the sides on the admission of appeals for adjudication ,we observe that the delay is caused due to the illness of the Chief Executive Officer of the company who was looking after the tax matters of the assesse company. After perusal of the affidavit filed by Chief Executive Officer Shri Pavitra Mundra, it is apparent that the appeal could not 2 to 772/Kol/2022 Assessment Year: 2013-14 to 2015 -16 Comantra E-Solutions Pvt. Ltd. filed in time due to the fact that the notices of hearing were sent through e-mail online which could not be seen resulting into passing of ex-parte orders by ld CIT(A) on 16.3.2022 which too was sent on the email of the assesse. Thereafter the accountant of the assesse came to know about the passing of appellate order in the month of December,2022 and thereafter immediately the issue of filing of the appeal was referred to Shri Subhash Aggarwal who filed the appeal on 20.12.2022.It was also stated that due to Covid 19 pandemic the operations of the assesses were disrupted and office was not opened regularly thereafter even. Sub-section 5 of Section 253 of the Act contemplates that the Tribunal may admit an appeal or permit filing of memorandum of cross-objections after expiry of relevant period, if it is satisfied that there was a sufficient cause for not presenting it within that period. This expression "sufficient cause" employed in this Section has also been used identically in sub- Section 3 of Section 249 of the Act, which provides power to the Id. Commissioner to condone the delay in filing of the appeal before the Commissioner. Similarly, it has been used in Section 5 of the Indian Limitation Act, 1963. Whenever interpretation and consideration of this expression has fallen for consideration before the Hon'ble High Courts as well as before the Hon'ble Supreme Court then, the Hon'ble Courts were unanimous in their conclusion that this expression has to be construed liberally. We may make reference to the following observations of the Hon'ble Supreme court from the decision in the case of Collector Land Acquisition Vs. Mst. Katiji & Others, 1987 AIR 1353 wherein it has been held that substantial justice must prevail over technicalities. In view of the above facts we are of the considered view that there was a reasonable cause for not filing the appeal within due time and therefore the delay is condoned.
The only issue raised by the assessee is against the confirmation of late filing fee u/s 234E in all these appeals by Ld. CIT(A) as levied by the AO, CPC, TDS for late filing of return.
At the outset, the Ld. Counsel for the assessee submitted that the Ld. CIT(A) has passed the order on the ground that the appeal was filed belatedly by 921 days and 3 to 772/Kol/2022 Assessment Year: 2013-14 to 2015 -16 Comantra E-Solutions Pvt. Ltd. there was no proper explanation by the assessee nor any condonation was made and thus the appeal is dismissed in liminie. Under these circumstances, we are of the view that ends of justice would be met if these appeals are decided on merit by the Ld. CIT(A).. Accordingly we restore the issue back to the file of Ld. CIT(A) with the direction to decide the condonation of delay and also decide the issue on merit and the assessee is also directed to file proper condonation petition with properly explaining the reasons for the delay with supporting evidences. Accordingly, all these appeals are partly allowed for statistical purposes.
In the result, all the appeals of the assessee are partly allowed for statistical purposes. Order is pronounced in the open court on 21st April, 2023
More judgments on Section 249(3)
- Suguru Anjanaiah, Guntakal vs ITO, Ward-1, GuntakalITA 2336/HYD/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Alok Pal, Etawah vs The Income Tax Officer, Ward 2(2)(5), EtawahITA 723/AGR/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Sanjay Kumar Jaisinghani, Raipur vs ITO, Ward-3(1), RaipurITA 699/RPR/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
- Shri Shyam Prakash, Danish Kunj, Kolar… vs Assistant Commissioner of Income Tax -2(1)…ITA 687/RPR/2026[2012-2013]Status: Disposed14 Oct 2026AY 2012-2013
- Sarmistha Dey, Hooghly, West Bengal vs Income Tax Officer Ward 24(1), Hoogly…ITA 2864/KOL/2026[2021-2022]Status: Disposed14 Oct 2026AY 2021-2022
Recent GST High Court judgments
Search GST case law →- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026