SENCO JEWELLERY HOUSE,KOLKATA vs. ACIT, CIR-37, KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal and directed the CIT(A) to adjudicate the grounds raised on merits. The assessee was given an opportunity to present evidence.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed due to a delay of over 6 months without condoning the delay. The CIT(A) stated that the partner failed to explain the delay adequately.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal without condoning the delay and without adjudicating the grounds on merits.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi
ORDER Shri S.S.Viswanethra Ravi, JM:
This appeal by the Assessee is directed against the order of the Commissioner of Income Tax (Appeals), 11, Kolkata dt. 10-03-2015 for the A.Y 2009-10.
The ld.AR of the assessee submits that the appeal was filed before CIT-A with the delay of over 6 months and CIT-A dismissed the appeal without condoning the delay on the ground that the partner of the assessee has failed to explain each delay. The ld.AR further submits that the CIT-A did not pass his order on merits and without giving an opportunity to the assessee to prosecute its case and prayed to remand the appeal to the file of the CIT-A for fresh adjudication.
The ld.DR relied on the order of the CIT-A.
Heard rival submissions and perused the material on record. It is observed that the CIT-A sought explanation from the assessee noting that the assessee received assessment order on the same day as per Form No. 35. The CIT-A observed that the assessee is a firm consisting of seven partners and one of the partners, Shri Ashok Kr. Sen filed a letter stating that due to illness of his wife the assessment order was misplaced and thereby caused delay in filing the appeal. It is noticed that the said appeal was dismissed without going into merits and in the interest of justice, we condone the delay and direct the CIT-A to adjudicate the grounds raised before him by giving an opportunity to the assessee. The assessee is at liberty to file any evidence in support of the contention. Therefore, the grounds raised by the assessee are allowed for statistical purpose.
In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on 15-09-2017
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