COOPERATIVE CANE DEVELOPMENT UNION LTD.,MUZAFFARNAGAR vs. ADDL. CIT, GHAZIABAD

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘B’ BENCH, NEW DELHI [THROUGH VIDEO CONFERENCING] BEFORE N.K. BILLAIYA, ACCOUNTANT MEMBER AND BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER, ITA No.613 /DEL/2014 [Assessment Year: 2005-06] Cooperative Cane Development Union Ltd., Addl CIT, Modinagar, Ghaziabad, Uttar Pradesh Range-I, Ghaziabad PAN- AAAJC0168M Appellant Respondent ITA No.614/DEL/2014 [Assessment Year: 2005-06] Cooperative Cane Development Union Ltd., Addl CIT, Hapur, Uttar Pradesh Range-I, Ghaziabad PAN- AAAJC0224E Appellant Respondent ITA No.615/DEL/2014 [Assessment Year: 2005-06] Cooperative Cane Development Union Ltd., Addl CIT, Simbhaoli, Uttar Pradesh Range-I, Ghaziabad PAN- AAATC5138R Appellant Respondent Assessee by None Department by Sh. Mahesh Thakur, Sr. DR Date of Hearing 03.05.2021 Date of Pronouncement 03.05.2021 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, These three appeals are by different branches of the assessee preferred against the order of CIT(A), Muzaffarnagar dated 28.10.2013 pertaining to assessment year

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2005-06. In all the captioned appeals, the common grievance is that the CIT(A) erred in dismissing the appeal by not condoning the delay in filing all the appeal. 2. None appeared on behalf of the assessee. We have heard the learned DR who relied upon the order of the First Appellate Authority. 3. The appellants are Cooperative Society engaged in the business activity with main objects to increase production of sugarcane and to implement terms framed by the Central and State Governments and to make arrangements for sale and purchase of cane produce grown by member farmers at profitable price to members. Return for the year under consideration was selected for scrutiny assessment and while completing the assessment under section 143(3) of the Act deduction u/s 80P was denied. 4. When the matter was agitated before the CIT(A), there was a considerable delay in filing of the appeal. The main reason for the delay was stated to be transfer and postings of the officers. This reason did not find any favour with the CIT(A) who was of the firm belief that it is the duty of the Principal Officer to file the appeal on time. 5. We are of the considered view that the CIT(A) ought to have considered the appeal on merits of the case, keeping in mind that no person is benefited in filing the appeal late. We, therefore, restore the entire issue to the files of the CIT(A). The CIT(A) is directed to decide the appeal on merits of the case by condoning the delay and after giving a reasonable and sufficient opportunity of being heard to the assessee. 6. In the result, all the appeals are treated as allowed for statistical purposes.

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The order is pronounced in the open court on 03/05/2021.

Sd/- Sd/- [SUCHITRA KAMBLE] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi; Dated: 03/05/2021 Sh Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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Date of dictation 03.052021 03.05.2021 Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member

Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr.PS/PS Date on which the final order is uploaded on the website of 03.05.2021 ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order