Facts
The assessee trust filed an appeal against the order of the Ld.CIT(A) which dismissed the appeal in limine due to delay. The assessee contended that the delay was within the exclusion period granted by the Supreme Court due to the Covid-19 pandemic.
Held
The Tribunal held that the Ld.CIT(A) erred in dismissing the appeal without considering the merits, as the delay in filing was within the extended period due to the Covid-19 pandemic. The order of the Ld.CIT(A) was set aside.
Key Issues
Whether the delay in filing the appeal before the Ld.CIT(A) was a valid ground for dismissal in limine, considering the Covid-19 exclusion period.
Sections Cited
250(6) of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI AMITABH SHUKLA
अपीलाथ� क� ओर से/ Appellant by : Mr.G. Tarun, Advocate ��यथ� क� ओर से /Respondent by : Ms. Gowthami Manivasagam, JCIT : सुनवाईक�तारीख/Date of Hearing 24.09.2024 : घोषणाक�तारीख /Date of Pronouncement 04.12.2024 आदेश / O R D E R
PER ABY T. VARKEY, JM:
This is an appeal preferred by the assessee Trust against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter in short "the Ld.CIT(A)”), Delhi, dated 10.06.2024 for the Assessment Year (hereinafter in short "AY”) 2009-10.
At the outset, the Ld.AR of the assessee submitted that the Ld.CIT(A) has dismissed the appeal without going into the merits of the ground of appeal raised before him, rather the Ld CIT(A) has dismissed the appeal in limine only on the ground that assessee failed to show sufficient cause for the delay of ‘140’ days in filing of the appeal before him. In this regard, the Ld.AR brought to our notice that the Assessment Order was passed on 25.09.2021 meaning it comes within the exclusion period allowed by the Hon’ble Supreme Court considering the Covid-19 pandemic from 20.03.2020 onwards and up to 28.02.2022. Having noted that the assessee had filed the appeal on 14.03.2022 i.e. within 30 days from 28.02.2022 as noted supra, the assessee’s appeal preferred before the Ld.CIT(A) can’t be said to be hit by the limitation period held by the Ld.CIT(A). Therefore, the impugned order of the Ld.CIT(A) is found to be erroneous to that extent and therefore, we are inclined to set aside the impugned order of the Ld.CIT(A) and restore the appeal back to his file with a direction to proceed to adjudicate the grounds of appeal raised by the assesse as stipulated under sub-section (6) of section 250 of the Income Tax Act, 1961. The assessee has undertaken to file the written submissions/relevant documents to substantiate its grounds of appeal.
The Ld.CIT(A) to pass speaking order in accordance to law after hearing the assessee.