VIJAYANAND CHARITABLE TRUST,KARAD vs. INCOME TAX OFFICER (EXEMPTION), WARD-1(1), PUNE, PUNE
What did the Tribunal hold?
The Tribunal held that the CIT(A) erred in law and fact by not properly considering the delay, including the COVID-19 pandemic period which should have been excluded. The Tribunal also noted that the CIT(A) failed to consider the assessee's averments regarding the delay and the transfer of jurisdiction.
What were the facts?
The assessee filed an appeal before the CIT(A) with a significant delay of over 3 years. The CIT(A) refused to condone this delay, preventing the appeal from being heard on merits. The assessee's grievance stemmed from a rectification order passed by the DCIT (CPC).
What were the issues?
Whether the CIT(A) erred in refusing to condone the delay in filing the appeal without properly considering the facts, including the COVID-19 period and the assessee's explanations.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
- 438 ITR 296196 citing438 ITR 296 · 2021 · SC
- 432 ITR 206182 citing432 ITR 206 · 2020 · SC
Income Tax Appellate Tribunal, PUNE “B” BENCH : PUNE
Before: SHRI SATBEER SINGH GODARA & DR. DIPAK P. RIPOTE
BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER I.T.A.No.928/PUN./2023 Assessment Year 2016-2017 Vijayanand Charitable The Income Tax Officer, Trust, Karve Road (Exemption), Ward-1(1), Goleshwar, Tal Karad vs. Aayakar Bhavan, PMT Bldg., Goleshwar, Karad, Swargate Shankarsheth PIN – 415 110 Road, Pune – 411 037. Maharashtra. Maharashtra. PAN AAATV7334A (Appellant) (Respondent) For Assessee : Smt. Deepa Khare For Revenue : Shri Sourabh Nayak, Addl.CIT Date of Hearing : 20.02.2024 Date of Pronouncement : 19.03.2024 ORDER PER SATBEER SINGH GODARA, J.M. :
This assessee’s appeal for assessment year 2016- 2017, arise against the National Faceless Appeal Centre’s [in short the “NFAC”] Delhi’s Din & Order no. ITBA/NFAC/S/250/ 28.07.2023 in proceedings 2023-24/1054704300(1), dated u/sec.154 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
The assessee pleads the following substantive grounds in the instant appeal :
2 I.T.A.No. 928/PUN./2023 1. “The Learned CIT(A) erred in law and on facts in not condoning delay in filing appeal without appreciating the facts and circumstances of the case.
2. The ld.CIT(A) erred in facts & in Law in confirming the action of Id AO in taxing the Gross Receipts of Rs.1,37,66,970.
The addition in Income made of Rs.1,37,66,970/- & the tax & interest levied of Rs.59,92,570/- be set aside by considering the following care laws.
The appellant Craves leave to add, to delete, to alter, to rectify & to modify the Grounds of Appeal.”
3. Suffice to say, we note during the course of hearing that the learned CIT(A) has refused to condone the assessee’s alleged delay of “3 years 4 months” thereby not admitting it’s lower appeal for adjudication on merits as contemplated u/sec.250(6) of the Act.
4. We find with the able assistance of both the learned representatives that the assessee’s grievance in it’s lower appeal was directed against the DCIT (CPC)’s rectification order dated 03.07.2019. It had admittedly filed it’s lower appeal before learned CIT(A) on 09.12.2022. He holds in this factual backdrop that the assessee has not been able to show any reasonable cause so as to deserve condonation of the above delay.
3 I.T.A.No. 928/PUN./2023 5. We have given our thoughtful consideration to the foregoing sole issue of condonation of delay. It transpires during the course of hearing that the CIT(A) has nowhere even quantified the actual delay in filing of the assessee’s appeal as he has gone by the total intervening time duration between sec.154 order dated 03.07.2019 and the date of filing of the lower appeal on dated 09.12.2022 i.e., 3 years 5 months reduced by the prescribed limitation of 30 days. He has rather included the intervening covid-2019 pandemic outbreak period between 15.03.2020 to 28.02.2022 as well in otherwords despite the fact that hon’ble apex court’s directions in Cognizance for Extension of Limitation, In re 438 ITR 296 (SC), read with judgment in Cognizance for Extension of Limitation, In re 432 ITR 206 (SC), have already excluded the above covid- 19 pandemic outbreak period from for all intents and purposes under the limitation law.
5.1. This is indeed coupled with the fact that not only the CPC (Bangalore) had allegedly informed the assessee regarding transfer of sec.154 jurisdiction to the jurisdictional Assessing Officer but also the latter had filed the corresponding condonation averments along with the necessary records before the CIT(A) [pages 2 to 4 of the lower appellate order]. The same have nowhere been considered in the CIT(A)'s order as he has incorporated only a part thereof in para-6 page-10 of the lower appellate discussion. Case law
4 I.T.A.No. 928/PUN./2023 Collector, Land Acquisition vs., MST Katiji [1987] 167 ITR 471 (SC) has settled the law long back that all such technical aspects must make way for the cause of substantial justice. We, thus conclude that the learned CIT(A) has erred in law and on facts in considering the assessee’s delay of 3 years and 4 months rather than the actual one i.e., 03.07.2019 to 17.02.2020 [alleged sec.154 intimation dated 17.02.2020] and from 01.03.2022 to the date of filing appeal to 09.12.2022 which was duly explained. Faced with this situation, we restrain the assessee’s instant grievance back to the CIT(A) for his afresh appropriate adjudication as per law preferably within three effective opportunities of being heard. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms.
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