T.M. ABDUL GAFFOR,CHENNAI vs. ACIT, CHENNAI
What did the Tribunal hold?
The Tribunal condoned the delay of 11 days, finding no benefit to the assessee from the delay. The appeal was restored to the CIT(A) for adjudication on merits.
What were the facts?
The assessee filed an appeal before the CIT(A) which was delayed by 11 days. The CIT(A) dismissed the appeal without condoning the delay. The assessee explained the delay was due to business tours and filed an affidavit.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) should be condoned and the appeal be decided on merits.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘ B’ BENCH : CHENNAI
Before: SHRI ABRAHAM P GEORGE & SHRI GEORGE MATHAN
आदेश / O R D E R
PER GEORGE MATHAN , JUDICIAL MEMBER
This is an appeal filed by the assessee against the order of the Commissioner of Income-tax (Appeals)-5,Chennai in appeal No.14/CIT(A)-5/2017-18 dated 14.12.2017 for the assessment year 2003-04.
Mr.G.Seetharaman represented on behalf of the Assessee and Mr.R.V.Aroon Prasad represented on behalf of the Revenue.
It was submitted by the ld.A.R that the assessee had filed an appeal against the levy of penalty before the Ld.CIT(A) and the appeal was delayed by 11 days. It was a submission that Ld.CIT(A) dismissed the appeal of assessee by not condoning the delay. It was a submission that the delay was on account of non-availability of the assessee in station during the relevant period on account of the business tour, that had to be undertaken by the assessee. It was a submission that necessary affidavit had also been filed before the Ld.CIT(A). The ld.A.R placed before us a copy of the affidavit filed before the ld.CIT(A). It was the prayer that the delay may be condoned and the ld.CIT(A) may be directed to dispose of the appeal on merits.
In reply, the ld.D.R vehemently supported the order of Ld.CIT(A).
We have considered the rival submissions. We have also perused the affidavit filed by the assessee before the Ld.CIT(A). No assessee stands to benefit by delay in filing of appeal. The delay in filing of the appeal is not so inordinate that the assessee could be assumed to getting any benefit, the delay is only 11 days. The assessee has also given explanation for the delay and the Auditors have also filed the affidavit in respect of the delay. This being so, as the affidavit filed by the assessee has not been found to be false, the delay of 11 days in filing of the appeal before the Ld.CIT(A) is condoned and the issues raised in assessee’s appeal is restored to the file of Ld.CIT(A) for adjudication on merits after granting the assessee adequate opportunity to substantiate its case.
In the result, the appeal of the assessee is partly allowed for statistical purposes.
Order pronounced in the open court after conclusion of hearing on 10th July, 2018, at Chennai.
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