SARVESH ASHOK BASER,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX (CPC), BENGALURU

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ITA 186/PUN/2021Status: DisposedITAT Pune07 September 2022AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT condoned the delay in filing the appeal before the CIT(A) and remanded the matter back for fresh consideration. The CIT(A) was directed to consider the assessee's affidavit explaining the delay and the merits of the case.

What were the facts?

The assessee's appeal before the CIT(A) was filed with a significant delay of 649 days. The CIT(A) dismissed the appeal in limine without condoning this delay. The assessee also reported an incorrect income due to double entries.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal in limine without condoning the delay and considering the merits of the case, and whether the assessee should be given an opportunity to explain the delay and present their case.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI S.S. VISWANETHRA RAVI & SHRI G.D. PADMAHSHALI

For Appellant: Shri Kishor Phadke
For Respondent: Shri M.G. Jasnani

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 22-01-2021 passed by the Commissioner of Income Tax (Appeals)-13, Pune [‘CIT(A)’] for assessment year 2017-18.

2.

We find that this appeal was filed with a delay of 58 days. Upon hearing both the parties, we find that the delay of 58 days is saved by the decision of Hon’ble Supreme Court passed during National Lockdown imposed on account of pandemic Covid-19. Therefore, the delay of 58 days is condoned.

3.

The ld. AR submits that the first appeal before the CIT(A) was preferred with a delay of 649 days and the assessee filed a letter to condone the said delay. The CIT(A) without going into the merits of the case dismissed the appeal in limine without condoning the said delay of 649 days. He argued that the assessee is ready to file an affidavit explaining the reasons for delay and prayed to give an opportunity for the assessee to prosecute the issue before the First Appellate Authority. Further, the ld. AR submits that by mistake the assessee reported double entries in the return of income and the difference of Rs.15,08,060/- due to wrong reporting of income at Rs.43,60,870/- instead of Rs.28,52,810/-. The ld. AR argued that the assessee has a fair chance of succeeding on the issue before the CIT(A). The ld. DR vehemently opposed in remanding the matter to the file of CIT(A).

4.

After hearing both the parties, we note that as pointed by the ld. AR that the CIT(A) dismissed the appeal in limine without going into the merits, the contentions of ld. AR is that if given an opportunity to the assessee on remand the matter to the file of CIT(A) the assessee would explain the reasons for a delay and has a fair chance of succeeding on merits of the case. On perusal of the Form No. 35, we note that no delay condonation petition explaining the reasons were not filed. A contention was raised before the CIT(A) that the assessee by mistake wrongly declared excess amount and prayed the CIT(A) to correct the mistake, but, however, as we noted above the CIT(A) without deciding the same disposed off the appeal in limine. Therefore, upon hearing both the parties, taking into consideration of the facts and circumstances of the case and in the interest of justice, we deem it proper to remand the matter to the file of CIT(A) for his fresh consideration. The assessee shall file an affidavit explaining the reasons of delay of 649 days and the CIT(A) shall consider the same in the interest of justice. The assessee is also liberty to file evidences, if any in support of his claim concerning the issue raised in ground No. 2. Thus, the grounds raised by the assessee are allowed for statistical purpose.

5.

In the result, the appeal of assessee is allowed for statistical purpose.

Order pronounced in the open court on 07th September, 2022.

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