MARUTHI CONSTRUCTIONS,HYDERABAD vs. INCOME TAX OFFICER, WARD-8(3), HYDERABAD

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ITA 91/HYD/2025Status: DisposedITAT Hyderabad09 April 2025AY 2017-18Bench: Shri Vijay Pal Rao, Vice-President A N D Shri Madhusudan Sawdia (Accountant Member)2 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal dismissed the appeal *in limine* because it was barred by limitation due to the delay in filing and was invalid as it was unsigned and unverified. These defects violated the procedural requirements under Section 253 read with Rule 47 of the I.T. Rules, 1962, and Rule 47 read with Section 140 of the I.T. Act, 1961.

What were the facts?

The assessee, Maruthi Constructions, filed an appeal against a CIT(A) order for A.Y. 2017-18. The appeal was filed with a delay of 145 days, and the assessee failed to appear during the hearing or rectify defects, such as not signing and verifying the memorandum of appeal in Form-36, despite receiving defect notices.

What were the issues?

Whether an appeal filed belatedly and with defects (unsigned/unverified memorandum of appeal in Form-36) is maintainable under the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 253,Section 140

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ DB-A ‘ Bench, Hyderabad

Before: Shri Vijay Pal Rao, Vice-Shri Madhusudan Sawdia

Hearing: 08/04/2025

(िनधा�रण वष�/Assessment Year: 2017-18) Maruthi Constructions Vs. Income Tax Officer Hyderabad Ward 8(3) PAN:AAMFM5200E Hyderabad (Appellant) (Respondent) िनधा��रती �ारा/Assessee by: N O N E राज� व �ारा/Revenue by:: Shri Srinath Sadanala, DR सुनवाई की तारीख/Date of hearing: 08/04/2025 घोषणा की तारीख/Pronouncement: /04/2025 आदेश/ORDER

Per Vijay Pal Rao, Vice President

1.

This appeal filed by the assessee is directed against the order dated 20/06/2024 of the learned CIT (A)-NFAC Delhi, for the A.Y.2017-18.

2.

None appeared on behalf of the assessee when the appeal was called for hearing, despite the notices issued to the assessee through RPAD as well as on the Email ID given in Form- 36. Further, it transpires from the record that this appeal is filed belatedly and there is a delay of 145 days in filing the present appeal. The assessee has also not signed and verified the memorandum of the appeal in Form-36 as well as grounds of Page 1 of 2 appeal. Therefore, the appeal has not been made in the manner as prescribed u/s 253 r.w. rule 47 of I.T. Rules, 1962. The registry has issued the notices to the assessee pointing out for removal of defects of not signing/verification of the memorandum of appeal as required under rule 47 r.w.s. 140 of the I.T. Act, 1961. Since there is a delay of 145 days in filing the present appeal and despite the defect notices issued to the assessee, the assessee has neither filed any application/affidavit for condonation of delay explaining the cause of delay, nor removed the defect of non- signing and verification of the memorandum of appeal in Form- 36. Accordingly, the present appeal of the assessee is found to be invalid and liable to be dismissed in limine being barred by limitation as well as unsigned and unverified appeal. We order accordingly.

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