M/S. PDP STEELS LTD.,KOLKATA vs. D.C.I.T., CPC, BENGALURU, BENGALURU

The present appeal is directed at the instance of the assessee against the order of the National Faceless Appeal Centre, Delhi, (hereinafter the “ld. CIT(A)”) dt. 25/11/2022, passed u/s 250 of the Income Tax Act, 1961 (“the Act’), for Assessment Year 2018-19.

At the outset, the ld. Counsel for the assessee submitted that the ld. First Appellate Authority dismissed the appeal on account of delay in filing of the appeal and issues on merit have not been adjudicated. Further he stated that the delay in filing of the appeal before the ld. CIT(A) was on account of reason that the employee Mr. Madan Mohan Sahu, who received such order, did not communicate to the Directors of the company. Soon thereafter, he travelled outside for official job and forgot to communicate about the receipt of the order u/s 143(1). Thus, prayer was made for condoning the delay in filing of the appeal before the ld. CIT(A) and direct the ld. CIT(A) to give an opportunity to plead for the issues raised on merits in the appeal. Assessment Year: 2018-19 M/s. PDP Steels Ltd. 2 On the other hand, the ld. D/R opposed the request of the ld. Counsel for the assessee.

We have heard the rival contentions and perused the record placed before us. In the impugned order, the ld. CIT(A) has dismissed the appeal of the assessee on account of delay of 120 days in filing of the appeal. On perusal of the impugned order as well as an affidavit given by the assessee company, we notice that the said delay was on account of carelessness of the employee of the assessee company, who after receiving the assessment order did not communicate to the Directors of the assessee company. We also note that the issues raised on merits are arising out of the processing made u/s 143(1)(a) of the Act, mainly pertaining to computation of book profits u/s 115JB of the Act and deferred tax credit etc.