AA 293 PANAHALLI PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY LIMITED,ERODE vs. THE INCOME TAX OFFICER, WARD 2(1), ERODE, ERODE

At the very outset, the ld.AR for the assessee submitted that the assessee has filed appeals before the First Appellate Authority (FAA) against the orders of the AO levying penalty u/s.271(1)(b) of the Act for the assessment year 2015-16 and u/s.271A & 271(1)(d) of the Act for the assessment year 2018- 19. It was stated that the appeals before the FAA was filed with a delay of 131 days in assessment year 2015-16 and 111 days in assessment year 2018-19 The assessee had filed reasons for condonation of delay before the FAA. However, the FAA had dismissed the appeals of the assessee in limine on the ground of rejection of petition for condonation of delay. The Ld.AR submitted that the quantum assessment for both the assessment years 2015-16 and 2018-19 are currently ongoing with the FAA and the assessee is submitting responses in a timely and consistent manner. Therefore, the Ld.AR prayed for setting aside the impugned orders of FAA.

The Ld.DR supported the orders of the FAA.

to 2228/Chny/2025 :- 3 -: 4. We have heard rival contentions and gone through the facts and circumstances of the case. It is noticed that the FAA has dismissed the appeal in-limine for non-condonation of delay in filing the appeals before him. However, the Ld.AR has submitted that the quantum appeal for both the relevant assessment years are currently ongoing before the FAA, which has not been disputed by the Ld.DR. Hence, we deem it appropriate to set aside the impugned orders of FAA. Accordingly, we remit the matter back to the files of the FAA for fresh consideration along with the quantum appeals. It is ordered accordingly.

In the result, the appeals filed by the assessee are allowed for statistical purposes.