NATESAN SHANTHI,NAMAKKAL vs. ITO, WARD-1,, NAMAKKAL
What did the Tribunal hold?
The Tribunal condoned the delay of 50 days, considering the impact of the COVID-19 pandemic. The appeal was restored to the CIT(A) for a decision on merits.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed due to a delay of over 100 days in filing. The assessee attributed the delay to the COVID-19 pandemic, claiming an effective delay of 50 days.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) was justifiable due to the COVID-19 pandemic and if the appeal should be decided on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI MANOJ KUMAR AGGARWAL
आदेश / O R D E R
PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)/Addl/JCIT(A)-1, Pune, (hereinafter in short ‘the Ld.CIT(A)’), dated 03.03.2024 for the Assessment Year (hereinafter in short ‘AY’) 2017-18.
(AY 2017-18) Smt. Natesan Shanthi :: 2 ::
At the outset, the Ld.AR of the assessee pointed out that the Ld.CIT(A) had dismissed the appeal of the assessee on the ground that there was a delay of more than 100 days in filing of the appeal before him and therefore, he didn’t condone the delay and dismissed the appeal without going into the merits of the case. Before us, the Ld.AR explained the delay [in filing of appeal before the Ld CIT(A)] that the assessment order was passed by the AO on 25.12.2019 and the assessee was supposed to file the same before due-date 24.01.2020. However, according to the Ld.AR, assessee filed the appeal on 02.06.2020 i.e, delay of 129 days, but since Covid-19 pandemic hit India by 14.03.2020, effective delay was 50 days, and therefore, the assessee couldn’t file the appeal before the Ld.CIT(A). We note that the Ld.CIT(A) has not admitted the assesse’s appeal, since assessee failed to show reasonable cause for the delay caused in filing of the appeal. However, we find that the delay in filing appeal was only ‘50’ days and considering the fact that Covid-19 pandemic created lockdown etc, we condone the delay and restore the appeal back to the file of the Ld.CIT(A) and direct him to decide the grounds of appeal raised by assessee on merits as contemplated u/s.250(6) of the Income Tax Act, 1961. The assessee is directed to be diligent and file written submissions/relevant documents before the First Appellate Authority to substantiate its grounds of appeal
(AY 2017-18) Smt. Natesan Shanthi and the Ld.CIT(A) after giving proper opportunity to the assessee, to pass speaking order in accordance to law.
In the result, appeal filed by the assessee is allowed for statistical purposes.
Order pronounced on the 27th day of June, 2024, in Chennai.
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