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Facts
The assessee, a primary agricultural Cooperative Credit Society, filed appeals against assessment orders and penalty orders for the assessment year 2015-16. The appeals were dismissed by the Ld.CIT(A) in limine due to a delay in filing, without adjudicating the merits.
Held
The Tribunal found that the assessee was prevented from sufficient cause for the delay in filing. Therefore, the Ld.CIT(A) was directed to condone the delay and admit the appeals for adjudication.
Key Issues
Whether the Ld.CIT(A) was justified in dismissing the appeals in limine without condoning the delay, and whether the delay was due to sufficient cause.
Sections Cited
147, 144, 144B, 271(1)(c)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: SHRI M. BALAGANESH & SHRI S.S. VISWANETHRA RAVI
सुनवाईकीतारीख/Date of Hearing : 22.10.2025 घोर्णाकीतारीख/Date of Pronouncement: 24.10.2025 आदेश /O R D E R
PER M. BALAGANESH, AM :
The appeal by the Assessee in Commissioner of Income Tax (Appeal), NFAC, Delhi, (in short Ld.CIT(A) for the assessment years 2015-16, vide order dated 25.07.2025 is under quantum of appeal and the appeal by ITA. No:2261 & 2262/Chny/2025 the Assessee in is filed against the orders of the learned Commissioner of Income Tax (Appeal), NFAC, Delhi, (in short Ld.CIT(A) for the assessment years 2015-16, vide order dated 25.07.2025 is under penalty appeal.
2.0 We find that the Ld.CIT(A) had not condoned the delay in filing of this appeal before him and had dismissed the appeals of the assessee in limine without adjudicating the issue on merits. This goes to the root of the matter and hence we are inclined to take the ground no.2 raised by the assessee in both the appeals first.
3.0 We have heard the rival submissions in the light of material available on records. The assessee is a primary agricultural Cooperative Credit Society registered under the Tamil Nadu Cooperative Society Act, 1983. Tamil Nadu State Cooperative Bank, District Central Cooperative Bank and Primary Agricultural Cooperative Credit Societies Act, 1961 now under Tamil Nadu Cooperative Society Act 1983, the management of Tamil Nadu State Cooperative Banks, District Central Cooperative Bank and Primary Agricultural Cooperative Credit Societies vested with the board constituted in accordance with the provisions of Tamil Nadu Cooperative Society Act 1983. Reassessment was framed in the hands of assessee for 2015-16 in section 147 r.w.s 144 r.w.s 144B of the Act
ITA. No:2261 & 2262/Chny/2025 on 14.02.2024 determining the total income of the assessee at Rs.2,21,156,147/- comprising of addition on account of cash deposit of Rs.88,07,657/- and addition on account of interest income of Rs.1,33,08,490/-. Aggrieved by this, the assessee had preferred an appeal before the Ld.CIT(A) by taking the assistance of tax consultant. The assessee did not have a qualified in-house C.A to comply with the proceedings of the income tax department which eventually led to framing of ex-parte assessment order and since the assessee was lacking in checking the ITBA portal due to ignorance, the appeal could not be filed in time and thereafter, the tax consultant also did not advise the assessee properly with the proper representation before the Ld.AO and filing of appeal before the Ld.CIT(A) in time. All these factors collectively contributed to the delay in filing of this appeal before the Ld.CIT(A) by 11 months and 22 days. The Ld.CIT(A) did not appreciate the contentions of the assessee and proceeded to dismiss the appeals of the assessee in limine by not condoning the aforesaid delay.
4.0 We find on perusal of the delay condonation petition filed before the Ld.CIT(A), the assessee was prevented from sufficient cause and accordingly we direct the Ld.CIT(A) to condone the delay in filing of the appeal by the assessee , admit the appeal of the assessee for adjudication and decide the same afresh in accordance with law. The Page 3 of 4
ITA. No:2261 & 2262/Chny/2025 assessee is at liberty to file additional grounds, if any, and fresh evidences, if any, in support of its contentions. Accordingly, the grounds raised by the assessee in of 2025 are allowed for statistical purposes.
5.0 The appeal in ITA 2262/Chny/2025 is against the penalty u/s 271(1)(c) of the Act which would be consequential to the aforesaid quantum proceedings and hence allowed for statistical purposes.
6.0 In the result, both the appeals of the assessee are allowed for statistical purposes. Order pronounced in the court 24th ,October, 2025 at Chennai.