BALLAPURAM VIJAYABHASKAR,TIRUPATI vs. ITO, WARD-1(4), TIRUPATI
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 condoned the delay in filing the appeal before the CIT(A) by taking into account the Supreme Court's exclusion of time limitations due to COVID-19 and the assessee's medical reasons. The matter was restored to the Assessing Officer for a decision on merits after hearing the assessee.
What were the facts?
The assessee filed an appeal before the CIT(A) with a delay. The CIT(A) refused to condone the delay, citing the assessee's failure to furnish supporting documents and the principle that law does not assist those who slip over their rights. The assessee contended that the delay was due to the COVID-19 pandemic and medical reasons.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) should be condoned due to the COVID-19 pandemic and medical reasons. Whether the assessment order passed under Section 144 can be revisited on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”, HYDERABAD
Before: SHRI RAMA KANTA PANDA & SHRI K.NARASIMHA CHARY
आदेश / ORDER
PER K. NARASIMHA CHARY, JM:
Aggrieved by the order dated 29/12/2022 passed by the learned Commissioner of Income Tax (Appeals)- National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Ballapuram Vijayabhaskar (“the assessee”) for the assessment year 2017-18, assessee preferred this appeal.
At the outset, learned AR submitted that the assessment order was passed on 10/12/2019 and the appeal was filed before the learned CIT(A), but with a delay. It is an undisputed fact that the Pandemic ensured in India in March, 2020 and, therefore, the assessee could not file the appeal within the time. Learned CIT(A), however, refused to condone the delay holding that law does not assist those who slip over their rights. Learned CIT(A) further observed that the assessee since failed to furnish the documents in support of his claim, could not substantiate his case and, therefore, the order of the learned Assessing Officer cannot be interfered with.
Learned AR, therefore, submitted that in view of the Pandemic interfering and also due to the medical reasons, in the fitness of things to condone the delay and restore the appeal to the file of learned Assessing Officer since the assessment order was passed under section 144 of the Income Tax Act, 1961 (for short “the Act”). 4. Learned DR vehemently opposed the request of the assessee for condonation of delay in filing the appeal before the learned CIT(A). 5. We have gone through the record in the light of the submissions made on either side. The order of learned CIT(A) reads that the assessee pleaded before the learned CIT(A) that due to ailments and medical reasons, the assessee could not prosecute the case diligently. It is also undeniable fact that the Hon'ble Supreme Court has excluded time limitation in general pertaining to Covid-19 from 15/03/2020 till 28/02/2022. Further, the assessee does not stand to gain by allowing the proceedings to be decided ex parte. 6. Having regard to the facts and circumstances of the case, we set aside the impugned order and restore the matter to the file of learned Assessing Officer for taking a view according to law, after hearing the assessee. We make it clear that it is the last opportunity to the assessee to get the matter disposed of on merits. 7. In the result, appeal of assessee is treated as allowed for statistical purposes.
Order pronounced in the open court on this the 19th day of May, 2023.
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