LIGNITE CITY CLUB,NEYVELI vs. ITO, WARD-2,, CUDDALORE
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the delay should have been condoned, considering the period of the COVID-19 lockdown and the alternative remedies pursued. The CIT(A) was directed to admit the appeal and decide it on merits.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed due to a significant delay. The assessee explained that the delay was largely due to the COVID-19 pandemic and repeated rejections of rectification applications.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) should be condoned, considering the circumstances including the COVID-19 pandemic.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017- 18 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 04-10-2023 in the matter of an order passed by Ld. AO, CPC u/s 154 on 26-09-2019. The registry has noted delay of 71 days in the appeal. Considering the period of delay, the delay is condoned and we proceed for adjudication of appeal on merits.
It could be seen that Ld. CIT(A) did not admit the appeal of the assessee for want of condonation of delay of 697 days. The assessee had explained that the rectification applications were rejected twice. On 13-02-2020, outstanding demand was raised by Ld. AO. After that Covid-19 lockdown started which paralyzed the activities and movement. The assessee filed grievance on 19-08-2020 and vide communication dated 03-10-2020, the reply was received without redressal of grievance. The assessee again preferred rectification petition on 15-08-2021. However, Ld. CIT(A) did not condone the delay. Aggrieved, the assessee is in further appeal before us. The Ld. AR has sought adjudication of appeal on merits which has been opposed by Ld. Sr. DR.
Considering the fact that substantial period of delay fall within Covid-19 lockdown and also keeping in mind the alternative remedy being pursued by the assessee, we are of the considered opinion that delay should have been condoned. Nevertheless, we direct Ld. CIT(A) to admit the appeal and render adjudication on merits after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. CIT(A) shall be at liberty to proceed with disposal of appeal on merits. 4. The appeal stand allowed for statistical purposes. Order pronounced on 1st May, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद# / JUDICIAL MEMBER लेखा सद# / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 01-05-2024 DS आदेशकीGितिलिपअ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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