HUBLI DHARWAD STOCK TRADING HOUSE,HUBLI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1), HUBLI

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ITA 1933/BANG/2017Status: DisposedITAT Bangalore29 November 2017AY 2000-012 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals before the CIT(A) and restored the matters to the CIT(A) for a decision on merit. No comments were made on the merits of the case.

What were the facts?

The assessee filed six appeals before the CIT(A) late by 445 days. The CIT(A) dismissed the appeals without condoning the delay. The assessee contended that the delay was due to a bonafide belief that assessment proceedings would be stayed pending an SLP, and that the notices under Section 148 were time-barred.

What were the issues?

Whether the delay in filing appeals before the CIT(A) should be condoned, and whether the notices under Section 148 were issued within the prescribed time limits.

Which sections of the Income-tax Act were involved?

Section 148,Section 158A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘SMC-B’, BANGALORE

Before: SHRI A.K.GARODIA, ACCOUNANT MEMBER

For Appellant: Smt. Pratibha, Advocate
For Respondent: Shri Palani Kumar, Addl. CIT

O R D E R PER A. K. GARODIA, A.M.:

All these six appeals are filed by the assessee and these are directed against separate orders of CIT (A) Hubli all dated 23.06.2017. All these appeals were heard together and are being disposed of by this common order for the sake of convenience.

2.

At the very outset, it is submitted by the learned AR of the assessee that all these six appeals were filed late before CIT (A) and the delay was of 445 days and learned CIT (a) has not condoned the delay and dismissed these appeals. She submitted that as per the reasons of delay explained before CIT (A) and noted by him in Para 8 of his order, the assessee was under bonafide belief that the A. O. will keep the assessment proceedings in abeyance till the disposal of SLP by Hon’ble Apex Court because the assessee has made application before the AO under section 158A (1) and the same was accepted by the AO. She also submitted that in all these six years, notice u/s 148 was issued by the AO on 21.05.2008 as noted by the AO himself in these six assessment orders and hence, the issue of notice u/s 148 is time barred in at least three years up to A. Y. 2001 – 02 and in all the years, the assessee has a very good prima facie case on merit and therefore, in the interest of justice and under the facts of the present case, the delay should be condoned and the matters be restored to CIT (A) for a decision on merit. Learned DR of the revenue supported the order of CIT (A).

3.

I have considered the rival submissions. In view of the facts noted by CIT (A) in Para 8 of his order and also considering the facts of the case as explained by the learned AR of the assessee, I condone the delay in filing the appeals before CIT (A) and restore all these matters before CIT (A) for a decision on merit. I do not make any comment on the merit.

4.

In the result, all these six appeals of the assessee are allowed for statistical purposes.

Order pronounced in the open court on the date mentioned on the caption page.

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