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Facts
The assessee, Arham Enterprise, filed four appeals against orders related to assessment years 2016-17 to 2017-18. These appeals arose from orders passed by the Assessing Officer concerning non-collection and non-filing of Tax Collected at Source (TCS) and related interest, under sections 206C and 206C(7) of the Income Tax Act. The appeals were filed after significant delays, citing an erroneous email forwarding, COVID-19 impact, and the death of a partner's father.
Held
The Tribunal condoned the delay in filing the appeals, acknowledging the sufficient cause presented by the assessee, which included a mix-up in communication and extraordinary circumstances. The Tribunal also noted that the assessee was not aware of the proceedings before the CIT(A). Consequently, the Tribunal set aside the CIT(A)'s order and remanded the matter back to the Assessing Officer for fresh adjudication, allowing the assessee one more opportunity to submit relevant documents.
Key Issues
Whether the delay in filing the appeals should be condoned, and if so, whether the matter should be remanded for fresh adjudication.
Sections Cited
206C, 206C(7), 234E, 250, 253(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: DR. ARJUN LAL SAINI. BEFORE DR. ARJUN LAL SAINI. BEFORE DR. ARJUN LAL SAINI. & SHRI DIESH MOHAN SINHASHRI DIESH MOHAN SINHA
आयकरअपीलसं आयकरअपीलसं./ITA No.147& 148 /RJT/2025 & आयकरअपीलसं./ITA No. 227 & 228 /RJT/2022 आयकरअपीलसं �नधा�रणवष� / / Assessment Year: (2016-17& 2017-18) (Hybrid Hearing) M/s. Arham Enterprise Vs. The Income Tax Officer (TDS), The Income Tax Officer (TDS), Shop No.3, 8 – B, Sarvoday Society, B, Sarvoday Society, Ward – 1, Nr. Hargange Weigh Bridge, Nr. Hargange Weigh Bridge, Aayakar bhavan, Amruta Estate, Aayakar bhavan, Amruta Estate, Veraval (Shaper) - 360025 M. G. Road, Rajkot – 360001 360001 �थायीलेखासं./जीआइआरसं जीआइआरसं./PAN/GIR No.: AATFA1101C (Appellant) (Respondent) Appellant by : Shri Mehul Ranpura, Ld. AR Respondent by : Shri Abhimanyu Singh Yadav, Ld. Sr. Sr. DR : 26/06/2025 Date of Hearing Date of Pronouncement Date of Pronouncement :19/09/2025 आदेश / O R D E R PER DINESH MOHAN SINHA JM; DINESH MOHAN SINHA JM;
These four appeals, filed by same assessee, , filed by same assessee, pertaining to assessment years assessment years 2016-17 to 2017-18, are directed against are directed against the separate orders passed by the passed by the Commissioner of Income Tax (Appeals), which in turn arise Commissioner of Income Tax (Appeals), which in turn arise, out of out of separate orders, passed by the Assessing Officer passed by the Assessing Officer, under section u/s.206(C) & 206C(7) u/s.206(C) & 206C(7) of the Income Tax Act, 1961( hereinafter referred to as “the Act”). , 1961( hereinafter referred to as “the Act”).
ITA 147, 148/Rjt/25 & 227, 228/Rjt/22 Arham Enterprise v. ITO
Since, in these four appeals are Since, in these four appeals are filed by the same assessee, and in the appeals filed by the same assessee, and in the appeals have identical and similar facts are involved. Therefore, these four appeals have identical and similar facts are involved. Therefore, these four appeals have identical and similar facts are involved. Therefore, these four appeals have been clubbed and heard together and consequent order been clubbed and heard together and consequent order has been passed for seek passed for seek convenience and poverty.
First of all, we adjudicate the & 148/Rjt/2025 for AY 2016 First of all, we adjudicate the & 148/Rjt/2025 for AY 2016-17 First of all, we adjudicate the ITA No. 147 & 148/Rjt/2025 for AY 2016 to 2017-18. We take lead case ITA No. 147/Rjt/2025 for AY 2016 18. We take lead case ITA No. 147/Rjt/2025 for AY 2016-17 in the 18. We take lead case ITA No. 147/Rjt/2025 for AY 2016 case of Arham Enterprise, have been taken into consideration for deciding these , have been taken into consideration for deciding these , have been taken into consideration for deciding these four appeals and en-masse together together.
The Grounds of appeal
(ITA 147/Rjt/2025 for AY 2016-17) raised by the raised by the assessee, are as follows; “1. The grounds of appeal mentioned hereunder are without prejudice to one another. The grounds of appeal mentioned hereunder are without prejudice to one another. The grounds of appeal mentioned hereunder are without prejudice to one another.
2. The Id. Commissioner of Income Tax The Id. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, (Appeals), National Faceless Appeal Centre, Delhi (hereinafter referred to as the CIT(A)] erred in law as also on facts in Delhi (hereinafter referred to as the CIT(A)] erred in law as also on facts in Delhi (hereinafter referred to as the CIT(A)] erred in law as also on facts in confirming AO's action of determining tax liability of Rs. 2,57,530/ confirming AO's action of determining tax liability of Rs. 2,57,530/- by alleging that by alleging that the appellant is liable for making TCS, which the appellant is liable for making TCS, which he failed to make either TCS and he failed to make either TCS and genuineness of Form No. 27C is questionable. The tax liability confirmed is totally genuineness of Form No. 27C is questionable. The tax liability confirmed is totally genuineness of Form No. 27C is questionable. The tax liability confirmed is totally unjustified on facts as also in law and may kindly be deleted. unjustified on facts as also in law and may kindly be deleted.
3. The Id. CIT(A) erred in law as also on facts in confirming charging of i The Id. CIT(A) erred in law as also on facts in confirming charging of interest u/s. The Id. CIT(A) erred in law as also on facts in confirming charging of i 206C(7) of the Act at Rs. 1,54,520/ 206C(7) of the Act at Rs. 1,54,520/-. The interest levied on tax liability determined . The interest levied on tax liability determined u/s. 206C(6) is totally unjustified on facts as also in law and may kindly be deleted. u/s. 206C(6) is totally unjustified on facts as also in law and may kindly be deleted. u/s. 206C(6) is totally unjustified on facts as also in law and may kindly be deleted. 4. appellant craves leave to add, to amend, alter, or withdraw any or appellant craves leave to add, to amend, alter, or withdraw any or more grounds of more grounds of appeal on or before the hearing of appeal.” appeal on or before the hearing of appeal
The Grounds of appeal
(ITA 148/Rjt/2025 for AY 2017 The Grounds of appeal
(ITA 148/Rjt/2025 for AY 2017-18) raised by the 18) raised by the assessee, are as follows;
1. The grounds of appeal mentioned hereunder are without prejudice to one another. appeal mentioned hereunder are without prejudice to one another. appeal mentioned hereunder are without prejudice to one another.
2. The Id. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [hereinafter referred to as the CIT(A)] erred in law as also on facts in Delhi [hereinafter referred to as the CIT(A)] erred in law as also on facts in Delhi [hereinafter referred to as the CIT(A)] erred in law as also on facts in confirming AO's action of determining tax liability of Rs. 2,17,380/ confirming AO's action of determining tax liability of Rs. 2,17,380/- by alleging that by alleging that the appellant is liable for making TCS, which he failed to make either TCS and iable for making TCS, which he failed to make either TCS and iable for making TCS, which he failed to make either TCS and genuineness of Form No. 27C is questionable. The tax liability confirmed is totally genuineness of Form No. 27C is questionable. The tax liability confirmed is totally genuineness of Form No. 27C is questionable. The tax liability confirmed is totally unjustified on facts as also in law and may kindly be deleted. unjustified on facts as also in law and may kindly be deleted. Page | 2 ITA 147, 148/Rjt/25 & 227, 228/Rjt/22 Arham Enterprise v. ITO
3. The Id. CIT(A) erred in law as also on facts The Id. CIT(A) erred in law as also on facts in confirming charging of interest u/s. in confirming charging of interest u/s. 206C(7) of the Act at Rs. 1,04,347/ 206C(7) of the Act at Rs. 1,04,347/-. The interest levied on tax liability determined . The interest levied on tax liability determined u/s. 206C(6) is totally unjustified on facts as also in law and may kindly be deleted. u/s. 206C(6) is totally unjustified on facts as also in law and may kindly be deleted. u/s. 206C(6) is totally unjustified on facts as also in law and may kindly be deleted.
4. Your Honour's appellant craves leave to Your Honour's appellant craves leave to add, to amend, alter, or withdraw any or add, to amend, alter, or withdraw any or more grounds of appeal on or before the hearing of appeal. more grounds of appeal on or before the hearing of appeal.”
6. At the outset itself, the ld. Counsel for the assessee At the outset itself, the ld. Counsel for the assessee submitted that both t submitted that both the appeals filed by the assessee before the Tribunal filed by the assessee before the Tribunal are barred by limitation of barred by limitation of 518 days and 152 days respectively respectively. The for A.Y.2016 The for A.Y.2016-17 is barred by limitation of 518 days whereas assessee’s appeal in ITA barred by limitation of 518 days whereas assessee’s appeal in ITA barred by limitation of 518 days whereas assessee’s appeal in ITA No.148/RJT/2025 is barred by limitation of 152 days. T No.148/RJT/2025 is barred by limitation of 152 days. The Ld. AR of the he Ld. AR of the assessee has filed an application for condonation of delay, supported by led an application for condonation of delay, supported by led an application for condonation of delay, supported by Affidavit. The application for delay is as under; Affidavit. The application for delay is as under; “hereinafter referred as to the "Act" was finalized vide order dated 12.03.2021 The hereinafter referred as to the "Act" was finalized vide order dated 12.03.2021 The hereinafter referred as to the "Act" was finalized vide order dated 12.03.2021 The proceeding u/s.206C(6) r.w.s. 206C(7) of the Income proceeding u/s.206C(6) r.w.s. 206C(7) of the Income-tax Act, 1961 raising demand of 1 raising demand of Rs.4,12,050/- by treating appellant as defaulter u/s.206C(6) of 1. the Act on account by treating appellant as defaulter u/s.206C(6) of 1. the Act on account by treating appellant as defaulter u/s.206C(6) of 1. the Act on account of non-deduction of TCS on S.S. Scrap deduction of TCS on S.S. Scrap 2. In an appeal filed, the Ld. Commissioner of Income 2. In an appeal filed, the Ld. Commissioner of Income-tax (Appeals), National tax (Appeals), National Faceless Appeal Centre, Delhi has Faceless Appeal Centre, Delhi has vide order dated 05.07.2024 dismissed the appeal vide order dated 05.07.2024 dismissed the appeal without proper appropriation of facts on record and submission filed. without proper appropriation of facts on record and submission filed.
3. The above stated order and notices u/s.250 of the Act were issued online through 3. The above stated order and notices u/s.250 of the Act were issued online through 3. The above stated order and notices u/s.250 of the Act were issued online through ITBA Portal, on an e-mail address "jaykamdar80@gmail. mail address "jaykamdar80@gmail.com". The said e com". The said e-mail address belonging to partner Jay Kamdar. On receipt of the same he forwarded the address belonging to partner Jay Kamdar. On receipt of the same he forwarded the address belonging to partner Jay Kamdar. On receipt of the same he forwarded the same to his accountant with the direction to send it to consultant who is handing same to his accountant with the direction to send it to consultant who is handing same to his accountant with the direction to send it to consultant who is handing appellant matter of appellant. However, by mistake he sent the same to appellant's appellant matter of appellant. However, by mistake he sent the same to appellant matter of appellant. However, by mistake he sent the same to regular tax consultant instead of sending to the chartered accountant handling the regular tax consultant instead of sending to the chartered accountant handling the regular tax consultant instead of sending to the chartered accountant handling the appellate proceeding. Therefore, the appellate appellate proceeding. Therefore, the appellate order remains unattended and appeal unattended and appeal could not be filed within prescribed time limit. could not be filed within prescribed time limit.
4. Under the above peculiar f 4. Under the above peculiar facts and circumstances of the appellant's case the acts and circumstances of the appellant's case the appeal could not be filed before the Hon'ble ITAT within prescribed time limit of 60 appeal could not be filed before the Hon'ble ITAT within prescribed time limit of 60 appeal could not be filed before the Hon'ble ITAT within prescribed time limit of 60 days. Delay of approx 181 days in filing of appeal. Thus, the delay in filing this days. Delay of approx 181 days in filing of appeal. Thus, the delay in filing this days. Delay of approx 181 days in filing of appeal. Thus, the delay in filing this appeal is not intentional but because appeal is not intentional but because of the facts and circumstances mentioned above. of the facts and circumstances mentioned above. Above stated facts have duly sworn by the appellant in an affidavit attached herewith. Above stated facts have duly sworn by the appellant in an affidavit attached herewith. Above stated facts have duly sworn by the appellant in an affidavit attached herewith.
5. In view of the above, the appellant humbly prays to the Hon'ble Members that the 5. In view of the above, the appellant humbly prays to the Hon'ble Members that the 5. In view of the above, the appellant humbly prays to the Hon'ble Members that the delay in filing the appeal may kindl delay in filing the appeal may kindly be condoned and may please be admitted and y be condoned and may please be admitted and decided on merits by exercising the powers conferred in the ITAT vide provisions of decided on merits by exercising the powers conferred in the ITAT vide provisions of decided on merits by exercising the powers conferred in the ITAT vide provisions of section 253(5) of the Income section 253(5) of the Income-tax Act, 1961. In this connection, the appellant begs to tax Act, 1961. In this connection, the appellant begs to invite the attention of Hon'ble Members t invite the attention of Hon'ble Members to the decision of Hon'ble Supreme Court in o the decision of Hon'ble Supreme Court in ITA 147, 148/Rjt/25 & 227, 228/Rjt/22 Arham Enterprise v. ITO the case of Collector, Land Acquisition Vs. MST. Katiji and Others (1987) 167 ITR the case of Collector, Land Acquisition Vs. MST. Katiji and Others (1987) 167 ITR the case of Collector, Land Acquisition Vs. MST. Katiji and Others (1987) 167 ITR 471.”
During the course of hearing, the Ld. AR stated that During the course of hearing, the Ld. AR stated that notices were issued notices were issued through ITBA Portal, on an e BA Portal, on an e-mail address "jaykamdar80@gmail.com". The r80@gmail.com". The said e-mail address belongs mail address belongs to partner Jay Kamdar. He forwarded the same to forwarded the same to his accountant with the directio his accountant with the direction to send it to Charted Accountant harted Accountant who was handing appeal matter. However, by mistake, . However, by mistake, Accountant sends the same to the same to appellant's regular tax consultant instead of sending to the chartered accountant ellant's regular tax consultant instead of sending to the chartered accountant ellant's regular tax consultant instead of sending to the chartered accountant who was handling the appellate proceeding. Therefore, the appellate order handling the appellate proceeding. Therefore, the appellate order handling the appellate proceeding. Therefore, the appellate order remained unattended and appeal could not be filed within prescribed time limit. unattended and appeal could not be filed within prescribed time limit. unattended and appeal could not be filed within prescribed time limit. The Ld. AR requested that the delay may kindly b at the delay may kindly be condoned in filing the e condoned in filing the appeal, and the matter may kindly be send back to the lower authority for proper appeal, and the matter may kindly be send back to the lower authority for proper appeal, and the matter may kindly be send back to the lower authority for proper adjudication. The Ld. DR for the revenue did not object to the prayer for to the prayer for condonation of delay and prayer for one opportunity condonation of delay and prayer for one opportunity granted to the assessee to the assessee for hearing.
Brief facts of the Case that t that the appellant is a Partnership Firm doing business he appellant is a Partnership Firm doing business of trading in scrap. Proceeding u/s. of trading in scrap. Proceeding u/s. 201 was initiated by the Income tax Officer, 201 was initiated by the Income tax Officer, TDS1, Rajkot (the AO) for non TDS1, Rajkot (the AO) for non- collection of TCS on scrap and non scrap and non-filling of statement in form no. 27EQ within the prescribed time statement in form no. 27EQ within the prescribed time. During that period the During that period the family members of Mr. Jay Kamdar (Partner of the firm) were infected by family members of Mr. Jay Kamdar (Partner of the firm) were infected by family members of Mr. Jay Kamdar (Partner of the firm) were infected by covid-19 and father of partner Shri Jay S. Kamdar was died on 19 and father of partner Shri Jay S. Kamdar was died on 04.02.2021. Due 04.02.2021. Due to this unforeseen situation the appellant was not in a position to submit reply seen situation the appellant was not in a position to submit reply seen situation the appellant was not in a position to submit reply within a time allowed by the AO. However, the appellant has prepared reply within a time allowed by the AO. However, the appellant has prepared reply within a time allowed by the AO. However, the appellant has prepared reply along with Form 27BA (Chartered Accountants certificate as prescribed under along with Form 27BA (Chartered Accountants certificate as prescribed under along with Form 27BA (Chartered Accountants certificate as prescribed under first proviso to sub-section (6A) of section 206C of the I.T. Act) on 12.03.2021 section (6A) of section 206C of the I.T. Act) on 12.03.2021 section (6A) of section 206C of the I.T. Act) on 12.03.2021 and going to file on 15.03.2021. and going to file on 15.03.2021. The AO has made an order u/s. 234E of the Act The AO has made an order u/s. 234E of the Act for non-filing of TCS statement and raised a demand of Rs.2,57,530/ filing of TCS statement and raised a demand of Rs.2,57,530/-. That the filing of TCS statement and raised a demand of Rs.2,57,530/ ITA 147, 148/Rjt/25 & 227, 228/Rjt/22 Arham Enterprise v. ITO assessee filed an appeal (ITA No. 147/Rjt/2025 for AY 2016 (ITA No. 147/Rjt/2025 for AY 2016-17) against the 17) against the order of the AO dated 05.07.2024 before the Ld. CIT(A). That the Ld. CIT(A) order of the AO dated 05.07.2024 before the Ld. CIT(A). That the Ld. CIT(A) order of the AO dated 05.07.2024 before the Ld. CIT(A). That the Ld. CIT(A) dismissed the appeal with following remarks: dismissed the appeal with following remarks: “12. In the instant case, there are doubts with regard to the genuineness of the “12. In the instant case, there are doubts with regard to the genuineness of the “12. In the instant case, there are doubts with regard to the genuineness of the declaration stated to be filed by the appellant added to the fact that these was an declaration stated to be filed by the appellant added to the fact that these was an declaration stated to be filed by the appellant added to the fact that these was an extraordinary delay of 28 months in filing such declaration. Further, the appellant extraordinary delay of 28 months in filing such declaration. Further, the appellant extraordinary delay of 28 months in filing such declaration. Further, the appellant has not responded to the Assessing officer during proceedings initiated u/s. 206C of has not responded to the Assessing officer during proceedings initiated u/s. 206C of has not responded to the Assessing officer during proceedings initiated u/s. 206C of the Act. Under the above facts and circumstances the arguments of the assessee are Act. Under the above facts and circumstances the arguments of the assessee are Act. Under the above facts and circumstances the arguments of the assessee are unjustified and hence, ground number 6 is treated as dismissed. unjustified and hence, ground number 6 is treated as dismissed.
13. In the result, the appeal is treated as dismissed.”
In the result, the appeal is treated as dismissed.”
We have heard both the parties. We note that the as d both the parties. We note that the assessee was not aware sessee was not aware about the proceedings going on before the Ld. CIT(A) about the proceedings going on before the Ld. CIT(A). In the absence of any . In the absence of any contrary material of fact available on record, there is a sufficient cause for delay contrary material of fact available on record, there is a sufficient cause for delay contrary material of fact available on record, there is a sufficient cause for delay in filing the present appeal in filing the present appeal. The said e-mail address belonging to partner mail address belonging to partner Jay Kamdar. On receipt of the same he forwarded the same to his accountant with Kamdar. On receipt of the same he forwarded the same to his accountant with Kamdar. On receipt of the same he forwarded the same to his accountant with the direction to send it to consultant who is handing appellant matter of the direction to send it to consultant who is handing appellant matter of the direction to send it to consultant who is handing appellant matter of appellant. However, by mistake he sent the same to appellant's regular tax appellant. However, by mistake he sent the same to appellant's regular tax appellant. However, by mistake he sent the same to appellant's regular tax consultant instead of sending to the chartered accountant handling the appellate ing to the chartered accountant handling the appellate ing to the chartered accountant handling the appellate proceeding. Therefore, the appellate order remains unattended and appeal could proceeding. Therefore, the appellate order remains unattended and appeal could proceeding. Therefore, the appellate order remains unattended and appeal could not be filed within prescribed time limit. not be filed within prescribed time limit. Sec. 253(5) of the Act, empowers the 253(5) of the Act, empowers the ITAT to admit an appeal after ITAT to admit an appeal after the delay explained by the assessee, ed by the assessee, considering the reason explained by the Ld. AR the reason explained by the Ld. AR that in appears to be sufficient cause for not that in appears to be sufficient cause for not filing the appeal in time. In the interest of justice, we take a judicious view that . In the interest of justice, we take a judicious view that . In the interest of justice, we take a judicious view that the delay of 518 days in and 152 of 518 days in and 152 days in ITA days in ITA No.148/RJT/2025 deserves to be condoned and, a No.148/RJT/2025 deserves to be condoned and, accordingly, we condone the ccordingly, we condone the delay and admit both the appeal the appeals of the assessee to adjudicate on merit of the assessee to adjudicate on merit. Therefore, we are of the view that one more opportunity should be given to the we are of the view that one more opportunity should be given to the we are of the view that one more opportunity should be given to the assessee to produce/submit the relevant documents before the Lower Authority. e/submit the relevant documents before the Lower Authority. e/submit the relevant documents before the Lower Authority. Therefore, we set aside the order of the Ld. CIT(A) and remand the mat we set aside the order of the Ld. CIT(A) and remand the matter back we set aside the order of the Ld. CIT(A) and remand the mat ITA 147, 148/Rjt/25 & 227, 228/Rjt/22 Arham Enterprise v. ITO to the file of the AO, for fresh adjudication and AO, for fresh adjudication and direct to the assessee to submit direct to the assessee to submit all the relevant details/ documents/ evidence, if any documents/ evidence, if any as required by the Ld. AO required by the Ld. AO for adjudication of the case. & 228/Rjt/2022 for AY 2016 & 228/Rjt/2022 for AY 2016-17 & 2017-18 10. We have to adjudicate the appeal adjudicate the appeals (ITA 227 & 228/Rjt/2022 for AY (ITA 227 & 228/Rjt/2022 for AY 2016- 17 & 2017-18). That these 18). That these two are appeals are disposed off with the above disposed off with the above terms.
In the result, all these appeal appeals of the assessee i.e., ITA.147&148/Rjt/2025, ITA.147&148/Rjt/2025, and ITA.227&228/Rjt/2022 for AY 2016 ITA.227&228/Rjt/2022 for AY 2016-17 to 2017-18, are allowed for allowed for statistical purpose.
Order pronounced in the open court on 19/09/2025. Order pronounced in the open court on