M/S. AHURA WELDING ELECTRODE MANUFACTURES LIMITED,COIMBATORE vs. DCIT, CORPORATE CIRCLE 1, COIMBATORE, COIMBATORE

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ITA 1190/CHNY/2023Status: DisposedITAT Chennai07 February 2024AY 2015-16Bench: HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) should have condoned the delay given the minor delay and the pending rectification application. The appeal is restored to the CIT(A) for adjudication on merits.

What were the facts?

The assessee filed an appeal with a delay of 23 days. The CIT(A) dismissed the appeal without condoning the delay and without going into the merits of the case. The assessee had filed a rectification application which was pending.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal for delay without condoning it, especially when a rectification application was pending?

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकर अपीलीय अिधकरण “सी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा� एवं माननीय �ी मनोज कुमार अ%वाल ,लेखा सद( के सम । BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा)रण वष) / Assessment Year: 2015-16) M/s. Ahura Welding Electrode DCIT Manufactures Limited Corporate Circle-1 बनाम Site No.94 & 95, Sirpi Small Industrial Coimbatore. / Vs. Estate, Kallankatturpudur, Kinathukadavu, Coimbatore-641 109. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AACCA-2276-R (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri B. Ramakrishnan (FCA)-Ld. AR � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)- Ld. Sr. DR सुनवाईकीतारीख/Date of final Hearing : 07-02-2024 घोषणाकीतारीख /Date of Pronouncement : 07-02-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of an order passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 24-08-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 28-12-2017. Upon perusal of impugned order, it could be seen that the assessee’s first appeal was filed with a delay of 23 days. The Ld. CIT(A) did not condone the delay and dismissed the appeal for want of condonation of delay without going into the merits of the case.

2.

The Ld. AR, submitted that the assessee preferred a rectification application u/s 154 on 08-02-2017 which was pending for disposal. Till that time, the assessee was under impression that the appeal was to be filed on balance issues after rectification order. The Ld. Sr. DR pleaded for dismissal of appeal. 3. We find that there was minor delay of 23 days in filing of first appeal. The assessee had preferred a rectification application u/s 154 which would have bearing on the grievance of the assessee. Therefore, Ld. CIT(A) should have condoned the delay and adjudicated the appeal on merits. Accordingly, we restore the appeal back to the file of Ld. CIT(A) for adjudication de novo on merits without raising the issue of delay. 4. The appeal stands allowed for statistical purposes. Order pronounced in open court on 07th February, 2024.

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