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Facts
The assessee's appeal arose from an order by the CIT(A) that did not admit the appeal due to a 48-day delay. The delay was attributed to an incorrect report by the Tax Auditor, which was later revised.
Held
The Tribunal held that the assessee preferred a rectification application, which led to the delayed filing. The delay of 48 days could have been condoned. The Tribunal directed the CIT(A) to admit the appeal and verify the facts.
Key Issues
Whether the CIT(A) was justified in not admitting the appeal due to a 48-day delay, and if the delay could be condoned considering the circumstances of revised tax audit report and rectification proceedings.
Sections Cited
143(1), 154
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, CHANDIGARH
Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
(िनधा�रणवष� / Assessment Year: 2021-22) M/s Everline International DCIT Circle-4 G.T.Road Aaykar Bhawan बनाम/ Vs. Ludhiana-141014 Rishi Nagar Ludhiana-141001. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAAFE-3412-C (अपीलाथ�/Appellant) (��थ� / Respondent) : अपीलाथ�कीओरसे/ Appellant by : Sh. Ashwani Kumar (CA) – Ld. AR ��थ�कीओरसे/Respondent by : Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 14-05-2025 घोषणाकीतारीख /Date of Pronouncement : 16-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2021-22 arises out of an order of learned Addl. / Joint Commissioner of Income Tax (Appeals), Jaipur [CIT(A)] dated 09-07-2024 in the matter of an intimation issued by CPC u/s 143(1) on 30-09-2022 adding back profit on foreign exchange rate for Rs.8.87 Lacs as reported by Tax Auditor in the Tax Audit Report. The Ld. CIT(A) did not admit the appeal for want of condonation of delay of 48 days. The Ld. AR stated that the adjustment has happened due to incorrect reporting in Tax Audit Report which has since been revised by the Tax Auditor on 28-10- 2022.
We are of the view that the assessee had preferred rectification u/s 154 which resulted into delayed filing of first appeal. The delay was only for 48 days which could have been condoned. Nevertheless, we direct Ld. CIT(A) to admit the appeal of the assessee and verify the aforesaid fact as stated by Ld. AR. If the same is found to be correct, the impugned addition / adjustment would stand deleted.
The appeal stand allowed for statistical purposes. Order pronounced on 16-05-2025.