Facts
The assessee's appeals were directed against an order of the CIT(A) NFAC that dismissed the appeals in limine, finding them barred by limitation. The assessee claimed delay due to non-communication of assessment and penalty orders during the Covid-19 pandemic, and the company being non-operational.
Held
The Tribunal condoned the delay in filing the appeal before the CIT(A) on the grounds of reasonable cause and the larger interest of justice. The Tribunal directed the CIT(A) to adjudicate the grounds on merits and passed a speaking order, granting proper opportunity of hearing.
Key Issues
Whether the delay in filing the appeal before the CIT(A) should be condoned due to reasonable cause and circumstances of the pandemic. Whether the CIT(A) should adjudicate the grounds on merits.
Sections Cited
271 AAC(1), 144, 144B, 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, A BENCH,
Before: SHRI MANISH BORAD & MS. ASTHA CHANDRA
आदेश / ORDER
PER DR. MANISH BORAD, ACCOUNTANT MEMBER:
1. The captioned appeals at the instance of assessee are directed against the order of Ld. CIT(A) NFAC commonly dated 20.11.2024 for A.Y. 2018-19 arising out of assessment order u/s 271 AAC(1) and section 144 r.w.s 144B of the Act dated 21.05.2022 and 13.05.2021 respectively.
When the case called for none appeared on behalf of the assessee. On the previous two occassions also assessee failed to appear. We therefore proceed ex-parte qua assessee for adjudication of these appeals with the able assistance of Ld. Departmental Representative (DR) and available records.
We have heard Ld. DR and perused the record placed before us. We observe that in the impugned orders Ld. CIT(A) has dismissed the appeal in limine being barred by limitation by 497 and 556 days. From going through the submissions filed by the assessee before Ld. CIT(A), the reason for delay in filing the appeal is claimed to be on account of non communication of the assessment as well as penalty orders which were passed during the Covid-19 Pandemic restriction period and also assessee company was not into business operation since the lock down until 2022. We on considering the fact that the assessee had a reasonable cause preventing it to file the appeal before Ld. CIT(A) within the prescribed time limit and also in the larger interest of justice and being fair to both the parties condone the delay in filing of the appeal by the assessee before Ld. CIT(A) against the impugned assessment and penalty order framed for A.Y. 2018-19. We further direct Ld. CIT(A) to adjudicate the grounds raised on merits before us and pass a speaking order as contemplated u/s 250 of the Act. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes.
In the result both the appeals of the assessee are allowed for statistical purposes.
Order pronounced on this 28th day of July, 2025.
Sd/- Sd/- (ASTHA CHANDRA) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ददिांक / Dated: 28th July, 2025. Neeta आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to:
1. 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent.