VIJAYSHREE INDUSTRIES PVT. LTD.,KOLKATA vs. DCIT-CIRCLE-1, KOLKATA, KOLKATA

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ITA 2374/KOL/2013Status: DisposedITAT Kolkata29 April 2016AY 2008-091 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found the reason for the delay to be reasonable and condoned it. The matter was set aside to the CIT(A) for adjudication on its merits.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed due to a 44-day delay. The CIT(A) refused to condone the delay, stating the accountant had no role in filing appeals. The assessee argued the delay was due to the accountant being on leave with viral fever.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) was justifiable and should be condoned.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Before: Shri Mahavir Singh, JM & Shri M. Balaganesh, AM]

Hearing: 29.04.2016Pronounced: 29.04.2016

Per Shri Mahavir Singh, JM: This appeal by assessee is arising out of order of CIT(A)-XX1V, Kolkata vide Appeal No. 1208/CIT(A)-XX1V/C-1/12-13 dated 06.08.2013. Assessment was framed by DCIT, Circle- 1, Kolkata u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2008-09 vide his order dated 31.12.2010. 2. At the time of hearing we find that the CIT(A) dismissed the appeal of assessee as the appeal of assessee was delayed by 44 days. The CIT(A) did not condone the delay by stating that the Accountant has no role in filing appeal and assessee should have engaged another person for this work. We find that Accountant is an important person in filing of appeal and he was on leave due to viral fever and, therefore, there was a delay of 44 days. I find that the cause of the delay is quite reasonable and condone the delay occurred before CIT(A) and set aside the matter back to the file of CIT(A) for adjudication on merits.

3.

In the result, appeal of assessee is allowed for statistical purposes. Order pronounced in the open court. (M. Balaganesh) Judicial Member Dated : 29th April, 2016 Jd. (Sr. P.S.) Copy of the order forwarded to:

1.

Appellant – Vijayshree Industries Pvt. Ltd., 15A, Hemanta Basu Sarani, Continental Chambers, 4th floor, Kolkata-1. 2. DCIT, Circle-1, Kolkata.

3.

CIT(A) , Kolkata

4.

CIT , Kolkata

5.

DR, Kolkata Benches, Kolkata /, By order, Asstt.

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