SATHYAVATH RAMAVATARAM,HYDERABAD vs. INCOME TAX OFFICER, WARD-4(1), HYDERABAD
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals before it and remitted the matter back to the CIT(A). The assessee was granted liberty to file applications for condonation of delay before the CIT(A) within two months, which were to be decided on merits.
What were the facts?
The assessee's appeals were dismissed by the CIT(A) for failing to file an application for condonation of delay. The assessee had a delay of 9 days in filing the appeals before the CIT(A).
What were the issues?
Whether the CIT(A) was justified in dismissing the appeals without considering the application for condonation of delay on merits. The issue of condonation of delay in filing appeals before the lower appellate authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad
Before: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman
Per Smt. P. Madhavi Devi, J.M.
Both are assessee’s appeals for the A.Y 2006-07. ITA No.344/Hyd/2018 is against the assessment completed u/s 143(3) r.w.s. 147 while ITA No.345/Hyd/2018 is against the levy of penalty u/s 271(1)(c) of the Act. In both the appeals, there is a delay of 9 days in filing of the appeal. The assessee has filed application for condonation of delay alongwith affidavit of the concerned Chartered Accountant. Taking the contents of the application into consideration, we are satisfied that the delay is neither willful nor wanton. Therefore, the delay in filing of the appeal is condoned.
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ITA Nos 344 and 345 of 2018 Sathyavath Ramavataram Hyderabad.
In these appeals, the assessee is aggrieved by the order of the CIT (A) who dismissed the appeal because the assessee failed to file application for condonation of delay in filing of the appeal. The learned Counsel for the assessee submitted that on similar circumstances, this Tribunal in ITA Nos. 305 & 306/Hyd/2018 in the case of Shri Rama Sri Krishna Mudambi, Hyderabad has remitted the matter to the file of the CIT (A) with the liberty to the assessee to file application for condonation of delay and to dispose of such applications on merits. A copy of the said order is filed before us.
The learned DR was also heard. 4. Having regard to the facts, we deem it fit and proper to remit the appeals to the file of the CIT (A) with liberty to the assessee to file applications for condonation of delay within a period of two months from the date of this order and we direct the CIT (A) to dispose of such applications on merits after giving the assessee a fair opportunity of being heard. Thereafter, the CIT (A), if he deems fit to condone the delay, shall dispose of the appeals on merit. Accordingly, both the appeals of the assessee are treated as allowed for statistical purposes.
In the result assessee’s appeals are treated as allowed for statistical purposes. Order pronounced in the Open Court on 6th December, 2018. Sd/- Sd/- (S.Rifaur Rahman) (P. Madhavi Devi) Accountant Member Judicial Member Hyderabad, dated 6th December, 2018. Vinodan/sps
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ITA Nos 344 and 345 of 2018 Sathyavath Ramavataram Hyderabad.
Copy to:
1 Sathyavath Ramavataram, C/o. Ch. Parthasarathy & Co. 1-1- 298/2/B/3, 1st Floor, Sowbhagya Avenue, St. No.1 Ashoknagar, Hyderabad 500020 2 ITO Ward 4(1) 5th Floor, Range-A, Aayakar Bhavan, Basheerbagh, Hyderabad 3 CIT (A)-1 Hyderabad 4 Pr. CIT – 1 Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File
By Order
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