TENOVA INDIA PRIVATE LIMITED, (FORMERLY KNOWN AS M/SDELKOT TEHNIK INDIA P. LTD.),BANGALORE vs. ACIT, CHENNAI
What did the Tribunal hold?
The Tribunal condoned the three-day delay in filing the application before the DRP, citing a technical defect and detailed reasons provided by the assessee. The issues were restored to the DRP for adjudication on merits.
What were the facts?
The assessee filed an appeal against an order of the Dispute Resolution Panel (DRP). There was a three-day delay in filing the application before the DRP due to a communication gap.
What were the issues?
Whether the delay in filing the application before the Dispute Resolution Panel should be condoned.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI
Before: SHRI SANJAY ARORA & SHRI GEORGE MATHAN
आदेश / O R D E R
PER GEORGE MATHAN, JUDICIAL MEMBER:
is an appeal filed by the assessee against the Order of Dispute Resolution Panel-2, Bengaluru, in File No.177/DRP-2- BNG/2016-17 dated 23.11.2016 for the AY 2012-13.
ITA No.3477/Mds/2016 :- 2 -:
Shri Ashish Tripati, JCIT represented on behalf of the Revenue and Shri N.K.Srinivas Bharath, CA, represented on behalf of the assessee.
It was submitted by the Ld.AR that there was a three day delay in filing the application before the Dispute Resolution Panel (in short “DRP”) on account of a communication gap between the assessee and its branch Office who had received the order. The Ld.AR placed before us a copy of the condonation of delay application and Affidavit filed before the DPR. It was a submission that the delay may be condoned and DRP may be directed to dispose assessee’s application on merits.
In reply, the Ld.DR submitted that the delay should not be condoned.
We have considered the rival submissions and we have also perused the Affidavit filed in respect of the condonation of delay before the DRP. It is noticed that the delay is of three days and the assessee has also given the reasons for the delay in detail and the delay is on account of a technical defect. In these circumstances, we are of the opinion that the delay in filing of the application before the DPR is liable to be condoned and we do so. In these circumstances, the delay in filing of the application before the DRP stands condoned and the issues in these appeal are restored to the file of the DRP to adjudicate on the application on merits.
ITA No.3477/Mds/2016 :- 3 -:
In the result, the appeal filed by the assessee is partly allowed for statistical purposes.
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