T M INPUTS AND SERVICES PRIVATE LIMITED ,SECUNDERABAD vs INCOME TAX OFFICER, WARD-2(4), HYDERABAD

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A” : HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY

This appeal is filed by the assessee against the order of the Ld.CIT (A)-1, Guntur in appeal No.0038/CIT(A)-1/2016-17, dated 11/05/2017 passed U/s. 250(6) r.w.s. 143(3) of the Act for the AY 2012-13.

2. The assessee has raised three grounds in its appeal however, the crux of the issue is that the Ld. CIT (A) has erred in dismissing the appeal of the assessee due to the delay of 508 days in filing the appeal without considering the genuine hardships faced by the assessee.

The brief facts of the case are that the assessee is a Limited Company engaged in the business of recruiting manpower to its clients, filed the return of income for the AY 2012-13 on 27/09/2012 declaring NIL income. Thereafter, the case of the assessee was taken up for scrutiny and the assessment was completed U/s. 143(3) of the Act vide order dated 28/11/2014 wherein the Ld. AO made additions towards interest on FDR, interest on income tax refund received U/s. 244A of the Act, belated payment of PF and ESI and further computed tax U/s. 115JB of the Act.

4. At the outset, the Ld. AR submitted before us that the Ld. CIT (A) had dismissed the appeal of the assessee due to the delay in filing the appeal by 508 days without considering the genuine reasons stated by the assessee. It was therefore pleaded that the matter may be remitted back to the file of the Ld. CIT (A) in order to provide one more opportunity to the assessee to pursue the appeal before him. The Ld. AR further submitted that the financial position of the assessee is precarious and if proper opportunity is not provided to the assessee to argue the appeal, it would cause irreparable loss and great hardships to the existence of the assessee Company. The Ld. DR on the other hand vehemently argued stating that the assessee had not produced any evidence to support its case before the Ld. CIT (A) and the assessee Company had shown sheer carelessness and callousness during the course of appellate proceedings on the earlier instances. It was therefore requested that the appeal of the assessee may be dismissed.

5. We have heard the rival submissions and carefully perused the materials on record. Though we find merit in the submission of the Ld. DR, considering the financial crisis faced by the assessee and the resultant disturbance caused due to the same, in the interest of justice, we hereby remit the matter back to the file of the Ld. CIT (A) with direction to condone the delay in filing the appeal before him and thereafter pass appropriate order in accordance with law and merit after providing proper opportunity to the assessee of being heard. We also hereby direct the assessee and its Ld. AR to promptly co-operate before the Ld. CIT (A) in order to expedite the proceedings before him failing which the Ld.CIT(A) shall be at liberty to pass appropriate Order based on the material on record.

In the result, appeal of the assessee is allowed for statistical purposes as indicated above.

Order pronounced in the open court on 21st July, 2020 Sd/- Sd/- ( P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 21-07-2020 OKK/TNMM Copy to :

T.M.Inputs and Services Pvt. Limited, 1-8-303/48/12, Career Centre, Prenderghast Road, Begumpet, Secunderabad.

The Income Tax Officer, Ward-2(4), Hyderabad.

3. The CIT(Appeals)-1, Guntur.

The Pr.CIT-2, Hyderabad.

D.R. ITAT, Hyderabad.

T M INPUTS AND SERVICES PRIVATE LIMITED ,SECUNDERABAD vs. INCOME TAX OFFICER, WARD-2(4), HYDERABAD