M/S.MAA AGRO DEVELOPERS,MUMBAI vs. ACIT CIRCLE-2(1), MUMBAI
What did the Tribunal hold?
The ITAT held that the CIT(A) erred in dismissing the appeal solely for not being filed in electronic mode. The tribunal directed the CIT(A) to admit the appeal and decide the grounds on merits.
What were the facts?
The assessee filed an appeal before the CIT(A) manually instead of electronically. The CIT(A) dismissed the appeal on this preliminary ground without adjudicating the merits. The assessee appealed this dismissal to the ITAT.
What were the issues?
Whether an appeal can be dismissed by the CIT(A) for not being filed in electronic mode without considering the merits of the case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D”, BENCH
आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2008-09 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-34, Mumbai in appeal No.CIT(A)-34/ACIT-22(2)/IT-228/2016-17 dated 03/07/2018 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/03/2016 by the ld. Assistant Commissioner of Income Tax-22(2), Mumbai (hereinafter referred to as ld. AO).
The only effective issue to be decided in this appeal is that the assessee had raised several grounds on merits, it has raised a preliminary ground No.1 questioning the dismissal of the appeal of the assessee by the ld. CIT(A) on the ground that appeal was not preferred by the assessee before the ld. CIT(A) in electronic mode.
None appeared on behalf of the assessee.
3.1. We have heard the ld. DR. It is not in dispute that the assessee has preferred an appeal within time before the ld. CIT(A) manually. It is a fact that assessee had not preferred any appeal before the ld. CIT(A) in electronic mode. This Tribunal has been consistently holding that even if the appeal has been filed manually before the ld. CIT(A) instead of electronic form, the ld. CIT(A) cannot dismiss the appeal of the assessee without adjudicating the issue on merits. Accordingly, we deem it fit and appropriate to set aside this appeal to the file of the ld. CIT(A) with a direction to admit the appeal and consider the grounds raised thereon afresh in accordance with law. The assessee is also given liberty to raise additional grounds and furnish additional evidences, if any, in support of its contentions, if they so desire. Since the appeal has been set aside to the file of the ld. CIT(A) on preliminary ground, the adjudication of other grounds on merits does not arise at this stage.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on this 07/08/2019
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