SUSHIL SIPANI,TEZPUR vs. INCOME TAX OFFICER, WARD-2, TEZPUR

IN THE INCOME TAX APPELLATE TRIBUNAL, GUWAHATI BENCH, E-COURT AT KOLKATA BEFORE SHRI A.T, VARKEY, JM & DR. A.L. SAINI, AM ITA No.271/Gau/2018 (Assessment Year: 2014-15 Shri Sushil Sipani Vs. I.T.O., Ward-2, Tezpur PAN: ATSPS 5326A (अपीलाथ� /Appellant) (��यथ� / Respondent) ..

Appellant by : Shri Anil Kumar Agarwal, FCA Revenue by : Shri Sandeep Sengupta, JCIT, ld. Sr.DR

सुनवाई क� तार�ख / Date of Hearing : 13/05/2019 घोषणा क� तार�ख/Date of Pronouncement: 12/06/2019 आदेश / O R D E R Per Dr. A. L. Saini, AM:

The captioned appeal filed by the assessee , pertaining to assessment year 2014-15, is directed against the order dated 27-07-2018 passed by the ld. Commissioner of Income Tax (Appeal), Guwahati-1, Guwahati, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short the ‘Act’) dated 18.08.2016.

GROUND NUMBER 1

For That The Learned Commissioner of Income Tax (Appeals) has erred in Law and has violated the principles of natural justice in dismissing the appeal in limine without providing any opportunity to rectify the defect. The Appeal has been dismissed in limine on technical ground for not filing the appeal electronically after more than one year. However it may be pertinent to note here that the appeal was accepted by the Commissioner of Income Tax (Appeal) although the same was not filed electronically and was fixed on 27-

2 ITA No. 271/Gau/2018 Sushil Sipani 10-2017 and 26-02-2018 and written submissions were also submitted in March, 2018 which indicates that even the Department was also not aware of the system of e-filing of appeals till March, 2018. Moreover before dismissing the appeal, which was accepted initially, no reasonable opportunity was ever provided to the assesee thereby violating the principles of natural justice. Appeal is a vested right of the assessee-appellant and this right cannot be refused on the technical ground. 3. We have heard both the parties and perused the materials available on record.

“8. We have considered the submissions of both the parties and carefully gone through the material available on record. In the present case, it is an admitted fact that the assessee filed the appeal before the Id. CIT (A) manually within time as per the old provisions. Later. on, the manner of furnishing the appeal in Form No.35 before the Id. CIT (A) was amended vide Notification No.5/2016 dated 06.04.2016 and the procedure was laid down. Thereafter, the CBDT extended the period for filing the appeal electronically to 15.06.2016 and the assessee filed the appeal electronically on 08.10.2016. In the present case, the earlier appeal filed by the assessee manually on 18.04.2016 was well within time. We, therefore, considering the totality of the facts, direct the Id. CIT (A) to decide the appeal of the assessee on merits after condoning the delay, if any', in filing the appeal electronically since it was the first year when the provisions for filing the appeal were changed and it was directed to file electronically, the hardship faced by the assessee was also explained before the Id. CIT (A) which is mentioned in para 3.1 of the impugned order that the delay was occasioned due to technical issue and lack of knowledge regarding the duly introduced e-filing procedure. In view of the aforesaid discussion, we set aside the impugned order and direct the ld. CIT (A) to decide the appeal of the assessee on merits after condoning

3 ITA No. 271/Gau/2018 Sushil Sipani the delay, if any, by providing due and reasonable opportunity of being heard to the assessee.” 5. Since the issue is squarely covered by the judgment of the Co-ordinate Bench, ITAT, Delhi in the case of Shri Gurinder Singh Dhillon (supra) and there is no change in facts and in law and the ld. DR for the revenue has failed to bring any material to controvert the findings of the Co-ordinate Bench, ITAT, Delhi, we set aside the impugned order of the ld. CIT(A) and direct him to decide the appeal of assessee on merits after condoning the delay, if any, by providing due and reasonable opportunity of being heard to the assesse. For statistical purposes, the appeal of the assessee is treated as allowed.

Sd/- Sd/- (A.T. Varkey) (A. L. Saini) �या�यक सद�य / JUDICIAL MEMBER लेखा द�य/ACCOUNTANT MEMBER कोलकाता /Kolkata; Dated: 12 /06/2019 *PP, Sr.PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant- Shri Sushil Sipani, Hari Patti, Tezpur-784001, 1. Assam. ��यथ� / The Respondent.- Income Tax Officer, Ward-2, O/o J.C.I.T, Ex- 2. Police Line, Tezpur-784001. आयकर आयु�त(अपील) / The CIT(A), 3. आयकर आयु�त / CIT 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, कोलकाता / DR, ITAT, Gauhati 5. गाड� फाईल / Guard file. 6.

//True Copy// By Order Assistant Registrar/Sr.PS I.T.A.T, Kolkata Benches, Kolkata