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Facts
The assessee filed an appeal against an order that adjusted income under Section 143(1) for AY 2019-20. The assessee challenged an ex-parte order and the condonation of delay, claiming exemption under Section 11 was wrongly denied despite reinvestment in a new capital asset.
Held
The tribunal held that the appeal was wrongly dismissed as belated by the CIT(A), considering the Supreme Court's guidelines on extending timelines during the COVID period. The matter was restored to the CIT(A) to decide on merits.
Key Issues
Whether the CIT(A) erred in dismissing the appeal as belated, despite the Supreme Court's guidelines on period extension during COVID-19, and whether exemption under Section 11 was wrongly denied.
Sections Cited
143(1), 11, 11(1A)
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Income Tax Appellate Tribunal, ‘J(SMC
(Assessment Year :2019-20) Jain International Vs. DCIT-CPC/EXEM, Trade Organization Circle-1 Plot No.A-36, Near to Mumbai – 400 020 the International Tunga Hotel, JOI House Road No.1, MIDC Marol Andheri East Mumbai – 400 093 PAN/GIR No.AABCJ8063A (Appellant) .. (Respondent) Assessee by Ms. Vaishali More Revenue by Shri Asif Karmali, Sr. DR Date of Hearing 14/07/2025 Date of Pronouncement 21/07/2025 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against order dated 30/04/2025 passed by Addl / JCIT-7, Delhi in relation to the adjustment made u/s.143(1) for the A.Y.2019-20.
In the grounds of appeal, assessee has challenged the exparte order passed by ld. CIT(A) and not condoning the delay in filing of the appeal. Apart from that on merits, it has challenged that Jain International Trade Organisation exemption u/s.11 has wrongly been denied being capital gains applied for charitable purpose and re-invested in new capital asset u/s.11(1A). It has been stated that the intimation was passed u/s.143(1) on 09/06/2020 and the first appeal was filed on 31/03/2021 which was during the Covid period. The Hon’ble Supreme Court has already laid down the guideline that the period from 15/03/2020 to 20/02/2022, as the timeline shall be extended for all the procedure including filing of the appeals. Despite this fact ld. CIT(A) has erroneously held that appeal is filed belatedly. Since there was no delay, the ld. CIT(A) should have decided the appeal on merits. Accordingly, the matter is restored back to the file of the First Appellate Authority to decide the appeal on merits and deciding the issue in accordance with law after giving due opportunity of hearing to the assessee.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced on 21st July, 2025.