Facts
The assessee's appeal against an order under Section 143(3) was inadvertently registered as a fresh appeal (ITA No.1708/Hyd/2025) after rectification of defect memos. This duplicated an already pending original appeal (ITA No.1268/Hyd/2025) filed within the prescribed period. The Ld. AR requested dismissal of the duplicate appeal.
Held
The Tribunal, noting the Department's lack of objection, found that ITA No.1708/Hyd/2025 was indeed a duplication of the original appeal, which was still pending. Consequently, the present appeal, ITA No.1708/Hyd/2025, was dismissed as infructuous.
Key Issues
Whether an appeal, inadvertently registered as a duplicate of an existing and pending appeal due to administrative error, should be dismissed as infructuous.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘A ’ Bench, Hyderabad
करदाताका""त"न"ध"व/ : Shri Amrit Kumar Kota, CA Assessee Represented by राज"वका""त"न"ध"व/ : Shri S. Arun Kumar, Sr. AR Department Represented by सुनवाईसमा"तहोनेक""त"थ/ : 16/12/2025 Date of Conclusion of Hearing घोषणा क" तार"ख/ : 16/12/2025 Date of Pronouncement ORDER
PER RAVISH SOOD, JM:
The present appeal filed by the assessee is directed against the order passed by the CIT(Appeals)-12, Hyderabad, dated 25/06/2025, which in turn arises from the order passed by the Assessing Officer (for short, “AO”) under Section 143(3) of the Income Tax Act, 1961 (for short, “Act”) dated 30/03/2024, for the Assessment Year 2022-23. 2 Satya Sayee Babu Divi vs. ACIT 2. Shri Amrit Kumar Kota, CA, the Learned Authorized Representative (for short, “Ld. AR”) for the assessee, at the threshold of hearing of the appeal submitted that the appeal in the present case was originally filed on 01/08/2025, which thereafter was marked as ITA No.1268/Hyd/2025. 3. The Ld. AR submitted that the assessee appellant was in receipt of Defect Memos, dated 04/09/2025 and 13/11/2025, and the assessee had filed a rectified Form-36 on 22/10/2025, which thereafter was wrongly taken by the Registry as a fresh appeal and marked as , ie., the present appeal before us.
The Ld. AR submitted that as the assessee had filed the original appeal, i.e., on 01/08/2025, ie., within the prescribed period, therefore, the present appeal, i.e., arising from the same cause of action had inadvertently been registered as a fresh appeal.
The Ld. AR submitted that as the present appeal, i.e., is a duplication of the original appeal, i.e., which is pending disposal, therefore, the same be dismissed as withdrawn.
3 Satya Sayee Babu Divi vs. ACIT 6. Per contra, Shri S. Arun Kumar, the Learned Senior Departmental Representative (for short, “Ld. Sr. DR”) did not raise any objection to the seeking of withdrawal of the present appeal.
We have given thoughtful consideration and are of a view that as the present appeal, i.e., had inadvertently been filed and registered as a fresh appeal, which, thus, has resulted to a duplication of the original appeal, i.e., which is pending disposal before us, therefore, the said present appeal, i.e., is dismissed as infructuous.
Order pronounced in the open court on 16th December, 2025. S - (मधुसूदन साव"डया) (रवीश सूद) (MADHUSUDAN SAWDIA) (RAVISH SOOD) लेखासद"य/ACCOUNTANT MEMBER "या"यकसद"य/JUDICIAL MEMBER d/- Hyderabad, dated: 16.12.2025. OKK/sps आदेशक"""त"ल"पअ"े"षत/ Copy of the order forwarded to:- 1. "नधा"रती/The : Satya Sayee Babu Divi, 506, Bougain Villa Apts, Ameerpet, Hyderabad, Telangana- Assessee 500016. 4 Satya Sayee Babu Divi vs. ACIT 2. राज"व/ : ACIT, Central Circle-2(1), Aayakar Bhavan, The Basheerbagh, Hyderabad. Revenue 3. The Principal Commissioner of Income Tax, Central Circle, Hyderabad. 4. "वभागीय""त"न"ध, आयकरअपील"यअ"धकरण /DR,ITAT, Hyderabad.