LATE AMIR AHMED,KOLKATA vs. I.T.O WD - 37(3),KOL, KOLKATA
What did the Tribunal hold?
The ITAT set aside the CIT(A)'s order, restoring the matter to the CIT(A)'s file. The assessee is to be given an opportunity to file a condonation petition and the CIT(A) is to decide the appeal thereafter.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed due to a delay of over 1 year and 8 months without a condonation petition. The assessee did not appear before the ITAT.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal solely on grounds of delay without considering a condonation petition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C ” BENCH: KOLKATA
Before: Shri Mahavir Singh, JM & Shri M. Balaganesh, AM]
ORDER
Per Shri Mahavir Singh, JM:
This appeal by assessee is arising out of order of CIT(A)-XXIV, Kolkata vide Appeal No. 928/CIT(A)-XXIV/37(3)/11-12 dated 28.09.2012. Assessment was framed by ITO, Ward-37(3), Kolkata u/s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2007-08 vide his order dated 29.12.2009.
At the time of hearing we find that the CIT(A) dismissed the appeal of assessee by observing as under: “In the present case, the assessment order u/s. 143(3) has been passed on 29.12.2009 and the assessment order u/s. 143(3) & demand Notice dated 29.12.2009 were served on 31.12.2009. The appeal has been filed on 14.09.2011 after 1 year 8 months and 13 days. The appellant has not furnished any petition for the condonation of delay. I am of the view that the delay of 1 year 8 months and 13 days cannot be condoned. In view of it, the appeal filed by the appellant in the instant case is dismissed.”
It means that the CIT(A) has not condoned the delay of 1 year 8 months and 13 days as assessee did not file any condonation petition. We, in the interest of natural justice and fair play set aside the order of CIT(A) and restore the matter to his file to allow one more opportunity to the assessee to file condonation petition and then decide the matter. Accordingly, this appeal of assessee is allowed for statistical purposes.
In the result, the appeal of assessee is allowed for statistical purposes. Order pronounced in the open court.
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