THE VISNAGAR NAGRIK SAHAKARI BANK LTD(UNDER LIQUIDATION),MEHSANA vs. THE ACIT, CIRCLE-GANDHINAGAR (PREVIOUSLY DCIT, PATAN CIRCLE, PATAN), GANDHINAGAR

ITA 1415/AHD/2025Status: DisposedITAT Ahmedabad26 August 2025AY 2015-1614 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal decided to condone the delay in filing the appeals. The reasoning was based on the fact that the assessee is a cooperative bank that has gone into liquidation. The Tribunal acknowledged that due to the liquidation process, there might be administrative difficulties and delays in handling legal matters. The Tribunal relied on the principle that justice should be done and that procedural technicalities should not stand in the way of substantial justice, especially when a cooperative bank is under liquidation. Therefore, the delay was condoned, and the appeals were admitted for hearing on merits. The operative direction was to proceed with the hearing of the appeals.

What were the facts?

The assessee, The Visnagar Nagarik Sahakari Bank Ltd. (Under Liquidation), has filed appeals against the orders of the Commissioner of Income Tax (Appeals). The assessment years under consideration are 2013-14, 2014-15, and 2015-16. The appeals arise from the action of the Assistant Commissioner of Income Tax, Circle Gandhinagar (previously DCIT, Patan Circle, Patan), who is the respondent. The specific details of the additions made by the Assessing Officer and the grounds on which the CIT(A) upheld or deleted them are not fully detailed in the provided excerpt. The procedural history leading to these appeals before the ITAT is also not elaborated.

What were the issues?

1. Whether the Tribunal has the power to condone the delay in filing the appeal, considering the provisions of Section 253(1) of the Income Tax Act, 1961, and the facts and circumstances of the case? Assessee's Contention: The assessee argued that there was a delay in filing the appeals, and they sought condonation of this delay. The assessee likely presented reasons for the delay, aiming to persuade the Tribunal to accept the appeals on merits. Revenue's Contention: The revenue's contentions regarding the delay are not recorded in the provided excerpt. The judgment does not mention any arguments presented by the revenue on this specific issue.

Which sections of the Income-tax Act were involved?

Section 253(1)

AI-generated summary — verify with the full judgment below

आयकर अपीलीय अधिकरण, अहमदाबाद न्यायपीठ “A”, अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “ A " BENCH, AHMEDABAD BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER आयकर अपील सं/ITA Nos.738, 1414 & 1415/Ahd/2025 निर्धारण वर्ष / Assessment Years : (2013-14, 2014-15 & 2015-16)

The Visnagar Nagarik Sahakari Bank Ltd., (Under Liquidation) Market Yard, Visnagar, Mehsana-384315, स्थायी लेखा सं./PAN: AAAFT8764C

बनाम / v/s. The Assistant Commissioner of Income Tax, Circle Gandhinagar. (Previously DCIT, Patan Circle, Patan)

अपीलार्थी/ (Appellant)

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