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Facts
The assessee purchased immovable property for Rs. 4,93,50,000, while its stamp duty value was Rs. 7,19,53,000. The AO added the difference of Rs. 2,26,03,000 to the assessee's income under Section 56(2)(v). The assessee's appeal to the CIT(A)/NFAC was dismissed *in limine* due to a delay of 127 days without condonation.
Held
The Tribunal noted that the delay in filing the appeal fell within the Covid-19 pandemic period, during which the Supreme Court had extended limitation periods. Citing these judgments, the Tribunal held that the CIT(A)/NFAC erred in dismissing the appeal on grounds of delay. The matter was remitted back to the CIT(A)/NFAC for fresh adjudication on merits after providing due opportunity of hearing to the assessee.
Key Issues
Whether the CIT(A)/NFAC erred in dismissing the assessee's appeal *in limine* due to delay, especially when the delay occurred during the Covid-19 pandemic period for which the Supreme Court had extended limitation periods.
Sections Cited
143(3), 143(3A), 143(3B), 143(2), 142(1), 56(2)(v)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “B”, PUNE
Before: DR.MANISH BORAD & SHRI VINAY BHAMORE
आदेश / ORDER
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
This appeal filed by the assessee pertaining to the Assessment Year 2018-19 is directed against the order dated 12.06.2024 passed by the National Faceless Appeal Centre, Delhi [in short ‘NFAC’) which inturn is arising out of the Assessment order passed u/s.143(3) r.w.s.143(3A) & 143(3B) of the Act dated 18.12.2020.
Atish Ananda Barne 2. Facts apropos this appeal are that the assessee is an individual who filed his return of income for the A.Y. 2018-19 on 30.10.2018 disclosing total income of Rs.17,19,580/-. The case was selected for Limited Scrutiny and followed by validly serving of statutory notices u/s.143(2) and 142(1) of the Act the assessee made his submissions. On the basis of ITS details, the Assessing Officer found noticed that assessee has purchased immovable property on 05.03.2018 for a consideration of Rs.4,93,50,000/- whereas the Stamp Duty value of such property is Rs.7,19,53,000/-. A show cause notice was issued to the assessee for giving reasons for undertaking transaction less than the stamp duty value. In the absence of any explanation, the AO added the difference amount of Rs.2,26,03,000/- to the total income of the assessee as Income from Other Sources invoking the provisions of section 56(2)(v) of the Act.
Aggrieved assessee preferred appeal before the ld.CIT(A)/NFAC with a delay of 127 days. The ld.CIT(A)/NFAC dismissed the appeal in limine without condoning the delay.
When the appeal was called for, none appeared on behalf of the assessee despite due service of notice of hearing. We therefore proceed to dispose of the appeal with the able Atish Ananda Barne assistance from the ld. Departmental Representative exparte qua the assessee.
We have heard the ld. Departmental Representative and perused the record placed before us. We find admittedly in the present case, there was delay of 127 days in filing the appeal before ld.CIT(A)/NFAC. It is mentioned in the order itself that “the impugned order sought to be challenged in this appeal was passed on 18.12.2020 and the appeal was filed has been filed only on 24.05.2021, i.e. after 157 days from the date of passing of order u/s.143(3) of the Act”. There is no doubt that the said period relates to Covid-19 pandemic outbreak prevailed across the country. The said period ought not to have reckoned by the ld.CIT(A)/NFAC for computing the limitation period by virtue of judgment of the Hon’ble Supreme Court in Cognizance for Extension of Limitation, In re 438 ITR 296 (SC) read with judgment in Cognizance for Extension of Limitation, In re 432 ITR 206 (SC) dated 08-03-2021 and 421 ITR 314. The Hon’ble Apex Court after taking into cognizance of the difficulties faced by the litigants and stakeholders have extended the limitation period till 30.05.2022.
In the light of above and the interest of justice, we deem it appropriate to remit the matter to the file of CIT(A)/NFAC for adjudication of the issue afresh on merits by considering the Atish Ananda Barne submissions made by the assessee and pass a speaking order after giving due opportunity of hearing to the assessee. Assessee is directed to remain vigilant and not take adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on this 16th day of January, 2025.