BANK OF INDIA,JAIPUR vs. INCOME TAX OFFICER, WARD-TDS (2), JAIPUR
What did the Tribunal hold?
The Tribunal held that the CIT(A) was not justified in dismissing the appeals solely on the ground of not e-filing, especially when the appeals were manually filed and the assessment orders were passed prior to the e-filing rule amendment. The matter was restored to the CIT(A) for a decision on merits.
What were the facts?
The assessee, Bank of India, filed appeals for assessment years 2009-10 and 2010-11. The CIT(A) dismissed the appeals ex parte for not e-filing them, despite manual filing. The assessee's adjournment petition was also rejected.
What were the issues?
Whether an appeal manually filed before the CIT(A) for assessment orders passed prior to the e-filing amendment can be dismissed for non-e-filing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Vegetable Products Ltd.2,664 citing88 ITR 192 · 1973 · SC
- Ashraf Aziz Kasmani v. ITO7 citing92 Taxmann.com 283 · 2018 · ITAT
Income Tax Appellate Tribunal, JAIPUR BENCHES (SMC
Before: SHRI RAMESH C SHARMAvk;dj vihy la-@ITA No. 323 & 324/JP/2019
ORDER PER: R.C. SHARMA, A.M. These are the appeals filed by the assessee against the separate orders of ld.CIT(A)-3, Jaipur dated 11/01/2019 and 10/01/2019 for the A.Ys. 2009-10 and 2010-11 respectively in the matter of order passed U/s 201(1)/201(1A) of the Income Tax Act, 1961 (in short the Act).
In these appeals, the assessee has filed adjournment petition but nobody was present in the court to prosecute the adjournment petition,
2 ITA 323 & 324/JP/2019 Bank of India Vs ITO (TDS)-2 accordingly, the Bench decided the matter after hearing the ld DR and considering the matter placed on record.
In these appeals, I found that the ld. CIT(A) has dismissed the appeal by passing ex parte order after observing that the assessee has not e-filed its appeals. The precise observation of the ld. CIT(A) in the appeal for A.Y. 2009-10 was as under:
“On verification of record, it is found that you have not filed e-appeal. The I.T. Rule 45(1) amended from 01/03/2016 but you have not filed the e-appeal. Therefore, you are requested to file an e-appeal, otherwise your appeal filed manual will be treated as unrest.”
It was argued by the ld DR that the assessee has not e-filed its appeal nor same was manually filed within extended period of time, therefore, the ld. CIT(A) was justified in dismissing the appeal.
I have gone through the orders of the authorities below and found that the ld. CIT(A) has dismissed the appeal on the plea that the same was not e-filed. However, thereafter, the assessee has manually filed the appeal. The ITAT Mumbai Bench in the case of Ashraf Aziz Kasmani Vs ITO (2018) 92 taxmann.com 283 (Mum-Trib) has held as under:
“11. Upon careful consideration, I find that in the above CBDT Circular, admittedly there is no discussion about the date of assessment order, with respect to which the said Circular is applicable. A construction that the said Circular is not applicable to assessment orders passed prior to 01.3.2016, cannot be said to be totally
3 ITA 323 & 324/JP/2019 Bank of India Vs ITO (TDS)-2 unsustainable. The Hon'ble Apex Court in the case of CIT v. Vegetable Products Ltd. [1973] 88 ITR 192 has expounded that if two constructions are possible, one in favour of the assessee should be applied. On the facts of the present case, and on the touch stone of the above said Hon'ble Apex Court decision, I am of the considered opinion that the assessee's plea that the appeal filed manually for assessment order passed prior to 01.03.2016, should be admitted by the ld. Commissioner of Income Tax (Appeals), is cogent. More so, when the ld. Commissioner of Income Tax (Appeals) in his earlier paragraph has accepted that the appeal is well within time. Accordingly I direct the ld. Commissioner of Income Tax (Appeals) to admit the aforesaid appeal of the assessee and pass an order on the merits of the case. Needless to add, the assessee should be granted adequate opportunity of being heard.” In view of the above facts and circumstances and in the substantial interest of justice, I restore the matter back to the file of the ld. CIT(A) for deciding the appeals on merits after providing due and effective opportunity of being heard to the assessee. The assessee is directed to appear before the ld. CIT(A) within a period of 60 days from the date of receipt of this order.
In the result, both the appeals of the assessee are allowed for statistical purposes only. Order pronounced in the open court on 02nd May, 2019.
More judgments on Section 201(1)
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- Tmw Fintech Private Limited, Mumbai vs Circle 14(1)(2), MumbaiITA 30/MUM/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
- State Bank of India, Guna vs Income Tax Officer, TDS, GwaliorITA 432/AGR/2026[2017-18]Status: Disposed7 Oct 2026AY 2017-18
- State Bank of India Regional Business… vs Income Tax Officer, TDS Gwalior, GwaliorITA 420/AGR/2026[2016-17]Status: Disposed7 Oct 2026AY 2016-17
- State Bank of India, Tikamgarh vs Income Tax Officer, TDS ITO (TDS) Gwalior…ITA 411/AGR/2026[2017-18]Status: Disposed7 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026