ZILA PARISAD ,CHURU vs. ADDITIONAL CIT, TDS, JAIPUR , JAIPUR

Per Dr. M. L. Meena, AM:

Both the appeals have been filed by the assessee against the separate orders of the ld. CIT(A) National Faceless Appeal Centre (NFAC), Delhi even dated 10.11.2023 in respect of Assessment Years: 2018-19 &

2019-20 challenging therein the ex-party order dismissing the appeals as

2 I.T.A. Nos. 8 & 9/JPR/2024 Zila Parishad v. Addl. CIT erroneous and not maintainable. There are common issues raised, on

identical facts, in both the appeals and therefore, these appeals are

adjudicated simultaneously.

assessee has filed appeal before the ld. CIT(A) on the e-filing portal of the

department in respect of Assessment Year: 2018-19. Inadvertently, the

assessment year has wrongly been mentioned as 2017-18 and therefore,

he has filed a rectification application for removal of deficiency in the

appeal memo. However, the ld. CIT(A) has observed that the information of

the e-filing portal is based on the details furnished in the appeal memo in

Form 35 by the appellant only. Any correction in the appeal memo in Form

35 and verification thereof ought to be made only by the appellant by filing

a revised appeal memo on the e-filing portal in the prescribed manner as

per Rule 45 of Income Tax Rules, 1962. Thus, the ld. CIT(A) has rejection

appeal of the assessee by holding it as erroneous as such and not

maintainable.

ld. CIT(A) with the direction to permit removal of the deficiency in the

appeal memo and adjudicate appeal on merits of the case.

3 I.T.A. Nos. 8 & 9/JPR/2024 Zila Parishad v. Addl. CIT 4. Per contra, the ld. DR stands by the impugned order, however, he

has no objection to the request of the assessee.

the impugned order. Admittedly, the assessee has committed a mistake

while filling the form No. 35 wherein it has mentioned a wrong assessment

year as 2017-18 in place of correct assessment year 2018-19 on e-filing

appeal portal of the department before the ld. CIT(A). Thus, the ld. CIT(A)

has rightly observed that the information in the e-filing portal is based on

the details furnished in the appeal memo in Form 35 by the appellant only,

and therefore, if any correction is to be required in the appeal memo in

Form 35 and verification thereof or to be made only by the appellant by

filing a revised appeal memo on e-filing portal in the prescribed manner as

per Rule 45 of Income Tax Rules, 1962. Under the circumstances, we are

of the considered view, that either the ld. CIT(A) would have issued a

deficiency letter to the appellant assessee for removal of such deficiency

regarding correction of the assessment year on the e-filing portal of the

department or permitting filing a revised appeal memo in Form 35 with due

verification of the appellant in the manner prescribed under Rules 45 of

Income Tax Rules, 1962. Accordingly, the matter is restored to the file of

the ld. CIT(A) with the direction to allow the appellant assessee to file a

4 I.T.A. Nos. 8 & 9/JPR/2024 Zila Parishad v. Addl. CIT revised appeal memo in Form 35 either on the e-filing portal of the

Department or physical form, in the prescribed manner as per Rules 45 of

Income Tax Rules, 1962 and on filing of appeal in revised appeal memo,

the CIT(A) shall adjudicate the appeal on merits of the case after granting

adequate opportunity of being heard to the appellant. Thus, the matter is

restored back to the file of the ld. CIT(A) to adjudicate the matter afresh as

per law.

statistical purposes.

Order pronounced in the open court on 15.02.2024

Sd/- Sd/- (Sandeep Gosain) (Dr. M. L. Meena) Judicial Member Accountant Member *GP/Sr.PS* Copy of the order forwarded to: (1)The Appellant: (2) The Respondent: (3) The ld. CIT (4) The ld. CIT(A) (5) The DR, I.T.A.T., Jaipur (6) Guard File By Order,

Asstt. Registrar