M/S. ESPECIAL SOFTECH PROJECTS PVT. LTD,CHENNAI vs. ACIT, CORPORATE CRICLE- 1(1), CHENNAI, CHENNAI

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ITA 39/CHNY/2024Status: DisposedITAT Chennai16 April 2024AY 2006-07Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the delay should have been condoned by the CIT(A) considering the period of delay fell within the Covid-19 Pandemic lockdown. The Tribunal directed the CIT(A) to admit the appeal and decide it on merits.

What were the facts?

The assessee's appeal was dismissed by the CIT(A) for want of condonation of delay. The delay occurred in filing an appeal against an intimation issued under Section 143(1) denying deduction under Section 10B.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) should be condoned, and if so, whether the appeal should be decided on merits.

Which sections of the Income-tax Act were involved?

Section 10B,Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद3 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद3 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2006-07) M/s Especial Softech Projects Pvt. Ltd. ACIT- Corp. Circle 1(1) बनाम/ 1782, 5th Street, Anna Nagar West Chennai – 600 034 Vs. Chennai – 600 040 �थायीलेखासं./जीआइआरसं./PAN/GIR No. AABCE-1776-B (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri Shrenik Chordia (CA) – Ld. AR � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 16-04-2024 घोषणा की तारीख /Date of Pronouncement : 16-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aggrieved by confirmation of certain addition for Assessment Year (AY) 2006-07, the assessee is in further appeal before us. At the time of hearing, Ld. AR submitted that appeal has been dismissed by first appellate authority for want of condonation of delay. The Ld. Sr. DR pleaded for dismissal of the appeal.

2.

From case records, it emerges that the assessee was denied deduction u/s 10B in an intimation issued u/s 143(1) on 20.07.2007. The intimation is stated to be served on the assessee on 10.12.2019. The assessee preferred appeal against the same on 11.02.2021. The Ld. CIT(A) did not admit the appeal for want of condonation of delay. Aggrieved, the assessee is in further appeal before us. 3. Considering the fact that substantial period of delay fall within Covid-19 Pandemic lockdown, we are of the considered opinion that the delay should have been condoned by Ld. CIT(A). Nevertheless, we direct Ld. CIT(A) to admit the appeal and decide the same on merits without raising the issue of delay. A reasonable opportunity of hearing shall be granted to the assessee to substantiate its case. 4. The appeal stand allowed for statistical purposes. Order pronounced on 16th April, 2024.

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