SRI. S V LAKSHMI NARAYANA (HUF),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 7(2)(1), BANGALORE

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ITA 2083/BANG/2019Status: DisposedITAT Bangalore23 June 2021AY 2015-163 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal before the CIT(A) after considering the medical emergency faced by the assessee's daughter. The appeal was then remanded back to the CIT(A) for a decision on merits.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed due to a delay of 151 days. The assessee attributed this delay to a medical emergency involving his daughter, which required his full attention.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) was justifiable due to a medical emergency, and if so, whether the delay should be condoned.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SHRI. CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri Praveen Shettar, C.A
For Respondent: Shri Priyadarshi Mishra, Add. CIT

Date of Hearing : 21-06-2021 Date of Pronouncement : 23-06-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal has been filed by assessee against order dated 22/07/2019 passed by Ld.CIT(A)-7, Bangalore for assessment year 2015-16.

2.

At the outset, the Ld.AR submitted that, the appeal was dismissed by Ld.CIT(A) as there was a delay of 151 days in preferring appeal before Ld.CIT(A). It was submitted that assessee at the relevant period during when the appeal was to be filed, was held up with medical emergency of his daughter. It has been submitted that assessee had stopped all commercial aspects as he was busy taking care of the daughters medical issues. Assessee has filed the details of medical emergency certificate and the treatment undertaken by Hearst daughter during the relevant period because of which the appeal was filed with a delay.

3.

The Ld.DR could not controvert the above submissions filed by assessee before us.

4.

We have perused the submissions advanced by Ld.AR and the documents filed in support.

5.

From the details filed we note that assessee’s daughter had met with an accident because of which she was under the treatment at the neurosciences clinic. It was because of this period that the appeal could not be filed by assessee within the period of limitation thereby causing a delay of 151 days before Ld.CIT(A). We also are of the view that assessee has not deliberately intended to file the appeal before Ld.CIT(A) belatedly. Respectfully following the ratio laid down by Hon’ble Supreme Court in case of Collector, land acquisition vs Mst.Katiji reported in 1987 SC 1353, we condoned the delay of 151 days in filing appeal before the Ld.CIT(A). We, accordingly remand the appeal back to Ld.CIT(A) with a direction to decide the issues on merits. Assessee is directed to file all relevant documents in support of its claim. The Ld.CIT(A) is directed to decide the issue by grieving proper opportunity to assessee in accordance with law.

Accordingly the grounds raised by assessee stands allowed for statistical purposes. In the result appeal filed by assessee stands allowed for statistical purposes. Order pronounced in the open court on 23rd June, 2021

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