What did the Tribunal hold?

The Tribunal condoned the delay, finding that the assessee had sufficient cause for the late filing. The matter was set aside to the CIT(A) for adjudication on merits.

The assessee's appeal before the CIT(A) was dismissed due to a delay of 16 days. The assessee provided reasons for this delay.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) was justifiable and should be condoned.

M/S Aristro Fincorp (P) Ltd. vs I.T.O., Ward-4(3) | ITAT Kolkata 2019

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: Shri J. Sudhakar Reddy]

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA [Before Shri J. Sudhakar Reddy, Accountant Member] Assessment Year: 2015-16 M/s. Aristro Fincorp (P) Ltd............................................................................................Appellant [PAN: AAECS 0680 H] Vs. ITO, Ward-4(3), Kolkata.………….....................................…......……............................Respondent Appearances by: Sh. S.K. Tulsiyan, Adv., appeared on behalf of the Assessee. Sh. Dhrubajyoti Ray, JCIT, Sr. DR, appeared on behalf of the Revenue. Date of concluding the hearing : November 05th, 2019 Date of pronouncing the order : November 27th, 2019 ORDER Per J. Sudhakar Reddy, AM :- This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)-2, Kolkata [‘CIT(A)’ for short] dated 05.04.2019 u/s 250 of the Income Tax Act, 1961 (‘the Act’ for short) for the AY 2015-16.

After hearing rival contentions I find that the ld. CIT(A) has dismissed the appeal on the grounds of delay. The delay in question is of 16 days. In my view, the assessee has explained the reasons for the delay in a proper manner. In my view, the assessee was prevented by sufficient cause, from filing of the appeal in time before the ld. first appellate authority. Thus, I condone the delay and set aside the matter to the file of the ld. CIT(A) for fresh adjudication in accordance with law. The ld. CIT(A) is directed to admit the appeal and thereafter dispose off the same on merits after giving adequate opportunity of being heard to the assessee.

Assessment Year: 2015-16 M/s. Aristro Fincorp (P) Ltd. 3. In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 27th November, 2019.

M/S ARISTRO FINCORP (P) LTD.,KOLKATA vs. I.T.O.,WARD-4(3), KOLKATA

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