BISSAMCUTTACK LAMPS LIMITED,RAYAGADA vs. INCOME TAX OFFICER, RAYAGADA WARD

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ITA 179/CTK/2024Status: DisposedITAT Cuttack19 June 2024AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal before the CIT(A) finding the reasons provided to be reasonable. The case was remanded to the CIT(A) for adjudication on merits after granting the assessee an opportunity of being heard.

What were the facts?

The assessee, a non-profit cooperative society, failed to file its return and was assessed ex-parte. The CIT(A) dismissed its appeal due to a delay in filing, despite the assessee providing reasons. The ITAT condoned the delay in filing before the CIT(A).

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal solely on grounds of delay without considering the merits of the cause shown. The primary issue is the condonation of delay in filing an appeal before the CIT(A).

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI MANISH AGARWAL

Hearing: 19/06/2024Pronounced: 19/06/2024

O R D E R Per Bench : This is an appeal filed by the assessee against the order dated 24.01.2024, passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1060088008(1) for the assessment year 2017-2018.

2.

The appeal of the assessee has been filed before the Tribunal belatedly by 26 days. In this regard, ld. AR has filed an application for condonation of delay. Looking to the facts of the case, we condone the delay of 26 days in filing the present appeal before the Tribunal and proceeded to dispose off the appeal of the assessee finally.

3.

It was submitted by the ld. AR that the assessee is a society registered under the Cooperative Societies Act, 1860 and working for the welfare of the needy and is a non-profit organization. It was the AO initiated the proceedings u/s.147 of the Act and finally the AO completed the assessment u/s.147 r.w.s.144 r.w.s.144B of the Act by assessing the total income of the assessee at Rs.66,75,844/- on account of non-cooperation by the assessee during the assessment proceedings. Ld. CIT(A) dismissed the appeal of the assessee on account of delay even after providing the sufficient cause for delay. Thus, the ld. AR submitted that the order of the ld. CIT(A) deserves to be reversed.

4.

On the other hand, ld. Sr. DR vehemently supported the orders of the authorities below.

5.

We have considered the rival submissions. A perusal of the impugned order, clearly shows that the ld. CIT(A) has dismissed the appeal of the assessee on account of delay observing that the assessee failed to establish sufficient cause. On further perusal of the order of the ld. CIT(A) in para 9, clearly shows that the assessee in Form 35 has provided the sufficient cause for delay, which has been incorporated by the ld. CIT(A) in its order. The relevant portion of para 9 is as under :- “That the order has been served through the income tax department portal. The login details are with earlier officer bearer who was retired and the login credentials have been with the earlier tax consultant. It was late due to the process of breaking of the login credentials and obtaining the digital Signature of the present office bearer. Hence, the assessee prays your honour to accept the appeal for hearing of the case in the interest of natural justice.”

6.

The above reasons stated by the assessee before the ld. CIT(A) is found to be reasonable for condonation of delay. Thus, respectfully

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