AVR HOTELS & RESORTS PVT. LTD.,NORTH 24 PARGANAS vs. ITO, WARD 8(1), KOLKATA

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ITA 884/KOL/2024Status: DisposedITAT Kolkata06 August 2024AY 2015-16Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The ITAT condoned the 8-day delay in filing the appeal. The tribunal held that the CIT(A)'s ex-parte dismissal was not in accordance with Section 250(6) of the Act and restored the appeal to the CIT(A) for a decision on merits.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex-parte for being late and not presenting the appeal properly. The assessee's appeal to the ITAT was also filed with a delay of 8 days.

What were the issues?

Whether the CIT(A) correctly dismissed the appeal ex-parte without deciding on merits, and whether the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 249(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA

Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

ORDER / आदेश Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-ADDL/JCIT(A), Pune dated 15.02.2024 for the AY 2015-16.

2.

At the outset, We note that the appeal of the assessee is barred by limitation by 8 days. After taking into consideration the condonation petition filed by the assessee and reasons for late filing of appeal as cited before us, we are of the view that the Assessment Year: 2015-16 AVR Hotels & Resorts Pvt. Ltd. delay in filing the appeal is for bonafide and genuine reasons and accordingly the delay of 8 days is condoned and appeal is admitted for adjudication.

3.

At the outset, we note that the appeal of the assessee has been decided by the Ld. CIT(A) ex-parte dismissing the same in liminie for not presenting the appeal in terms of Section 249(3) of the Act and also there being not substantial and cogent reasons for not presenting the appeal within the time allowed. The appeal was late by 24 days as per the ld CIT(A).Thus the appeal of the assessee was decided without deciding the issues on merit by the First Appellate Authority. In our opinion the said order is not in consonance with the provisions of section 250(6) of the Act which mandatorily require the ld CIT(A) to dispose of the appeal by stating the point of determination, decision thereon and reasons for such decision. Therefore the present appeal needs to be restored to the file of Ld. CIT(A) so that the appeal could be decided on merit in view of principle of natural justice and fair play. Accordingly we restore the appeal to the file of Ld. CIT(A) with the direction to decide the same on merit after affording a reasonable opportunity of hearing to the assessee.

In the result, the appeal of the assessee is allowed for statistical purposes. 4.

Order is pronounced in the open court on 6th August, 2024

Sd/- Sd/- ( Pradip Kumar Choubey /�द�प कुमार चौबे) (Rajesh Kumar/राजेश कुमार) Judicial Member/�या�यक सद�य Accountant Member/लेखा सद�य Dated: 6th August, 2024 SM, Sr. PS

Assessment Year: 2015-16 AVR Hotels & Resorts Pvt. Ltd.

Copy of the order forwarded to:

1.

Appellant- AVR Hotels & Resorts Pvt. Ltd., 141, T. N. Banerjee Road, Panihati, North 24 Parganas-700114 2. Respondent – ACIT(OSD), Ward-8(1), Kolkata 3. Ld. CIT(A)- ADDL/JCIT(A)-Pune 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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