SHREEM ELECTRIC LIMITED,KOLHAPUR vs. ACIT (CENTRAL CIRCLE), KOLHAPUR
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s order and restored the appeal to the CIT(A)'s file. The delay was condoned, and the CIT(A) was directed to decide the appeal on its merits after providing a reasonable opportunity to the assessee.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed due to a delay of 1111 days. The CIT(A) did not consider the merits of the case. The assessee contended that there was a reasonable cause for the delay.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) was justifiable and if the appeal should be decided on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI MANISH BORAD & SHRI VINAY BHAMORE
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.2794/PUN/2025 िनधा�रण वष� / Assessment Year : 2016-17 Shreem Electric Limited, Vs. ACIT, Central Circle, Plot No.43 to 46, Industrial Kolhapur. Estate, Akiwate Industrial Estate, S.O. Shirol, Kolhapur- 416144. PAN : AACCS4893C Appellant Respondent Assessee by : Shri Kishor B. Phadke Revenue by : Shri Manoj Tripathi (Virtual) Date of hearing : 23.04.2026 Date of pronouncement : 27.05.2026 आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 18.09.2025 passed by Ld. CIT(A), Pune-11 [‘Ld. CIT(A)’] for the assessment year 2016-17. 2. Facts of the case, in brief, are that the assessee is a company and vide order dated 29.01.2020 passed u/s 154 r.w.s. 143(3) of the IT Act set-off of brought forward loss of Rs.1,21,85,772/- was disallowed.
2 ITA No.2794/PUN/2025 3. Being aggrieved with the above action of the Assessing Officer, the assessee preferred an appeal before Ld. CIT(A). Since the appeal was filed belatedly i.e. with the delay of 1111 days, Ld. CIT(A) dismissed the appeal filed by the assessee without going into merits of the case. 4. It is the above order against which the assessee is in appeal before this Tribunal. 5. We have heard Ld. Counsels from both the sides and perused the material available on record. In this regard, it is the sole prayer of the counsel of the assessee that the order passed by Ld. CIT(A) in limine may kindly be set-aside and the appeal be restored back to the file of Ld. CIT(A) to decide the appeal on merits of the case. In this regard, we find that the appellant was prevented by reasonable cause in not furnishing the appeal before Ld. CIT(A) within the prescribed time limit. Accordingly, we deem it appropriate to set-aside the order passed by Ld. CIT(A) and restore the matter back to him with a direction to condone the delay and decide the appeal on merits of the case and as per fact and law after providing reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to respond to the notices issued by Ld. CIT(A)
3 ITA No.2794/PUN/2025 in this regard and to produce relevant documents, submissions and evidences, if any, in support of grounds of appeal without taking any adjournment under any pretext, otherwise Ld. CIT(A) shall be at liberty to pass appropriate orders as per law. Thus, the grounds of appeal raised by the assessee are allowed for statistical purposes. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 27th day of May, 2026. Sd/- Sd/- (MANISH BORAD) (VINAY BHAMORE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 27th May, 2026. Sujeet/DOC Sujeet Kumar Digitally signed by Sujeet Kumar Sharma Sharma Date: 2026.06.01 12:19:06 आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : +05'30' अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The CIT(A), Pune-11. 4. The Pr.CIT/CIT concerned. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “B” ब�च, 5. पुणे / DR, ITAT, “B” Bench, Pune. गाड� फ़ाइल / Guard File. 6. आदेशानुसार / BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.
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