HIMACHAL GRAMIN BANK,MANDI vs. DCIT, MANDI

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ITA 1182/CHANDI/2025Status: DisposedITAT Chandigarh14 July 2026AY 2008-092 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the first appeal, considering the assessee is a rural bank. The appeal was restored to the CIT(A) for a fresh adjudication on merits.

What were the facts?

The assessee, Himachal Gramin Bank, had its income assessed at a higher amount than initially declared, leading to a penalty under Section 271(1)(c). The assessee's first appeal was dismissed by the CIT(A) due to a significant delay.

What were the issues?

Whether the delay in filing the first appeal should be condoned for a rural bank. The merits of the penalty levied under Section 271(1)(c) were to be decided.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHANDIGARH

Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2008-09 arises out of an order of learned Commissioner of Income Tax (Appeals). NFAC [CIT(A)] dated 28-10-2024 confirming penalty of Rs.102.67 Lacs as levied by Ld. Assessing Officer [AO] vide order dated 26.03.2019. At the time of hearing, none appeared for assessee. The Ld. CIT-DR pleaded for dismissal of the appeal. Upon perusal of case records, it could be seen that the assessee filed return of income

at Rs.548.21 Lacs which stood assessed at Rs.855.17 Lacs. Consequently, Ld. AO levied impugned penalty u/s 271(1)(c). The Ld. CIT(A) did not admit the appeal of the assessee for want of condonation of delay of 313 days. Aggrieved, the assessee is in further appeal before us. 2. Considering the fact that the assessee is a rural bank, the delay in first appeal ought to have been condoned. Nevertheless, we deem it fit to condone the delay and restore the appeal back to the file of Ld. CIT(A) for de novo adjudication on merits without raising the issue of delay. The assessee is directed to to plead and prove its case forthwith. 3. The appeals stands allowed for statistical purposes. Order pronounced on 14th July, 2026

-Sd- -Sd- (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AS Dated: 14-07-2026 आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF

ASSISTANT REGISTRAR ITAT CHANDIGARH

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