UDAY AUTOLINK PRIVATE LIMITED,GALAXYCOMPLEX,NARODA,AHMEDABAD vs. DCIT,CIRCLE-4(1)(1),AHMEDABAD, PRATYAKSHAKAR BHAWAN, L COLONY, AMBAWADI, AHMEDABAD

PDF · subscribers
ITA 935/AHD/2023Status: DisposedITAT Ahmedabad31 January 2024AY 2015-16Bench: SHRI WASEEM AHMED (Accountant Member), Ms. MADHUMITA ROY (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee had explained sufficient cause for the delay. The CIT(A)'s order rejecting the appeal solely on the ground of limitation was quashed.

What were the facts?

The assessee's appeal before the CIT(A) was rejected for being barred by limitation by 25 days. The assessee filed an application for condonation of delay, explaining sufficient cause.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) was sufficiently explained and if the appeal should be admitted on merits.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED&

For Appellant: Shri Sushil Kumr Katiar, Sr. DR
For Respondent: Shri Sushil Kumr Katiar, Sr. DR
Hearing: 31/01/2024Pronounced: 31/01/2024

O R D E R

PER Ms. MADHUMITA ROY - JM:

1.

The instant appeal filed at the instance of the assessee is directed against the order dated 29.09.2023 passed by the National Faceless Appeal Centre (NFAC), Delhi under Section 250 of the Act for Assessment Year 2015-16.

2.

The Ld. CIT(A) has rejected the appeal filed by the assessee since the appeal was barred by limitation for 25 days. Before us, the application for condonation of delay was also filed which was also filed before the Ld. CIT(A). Upon perusal of the same, we Autolink Pvt. Ltd. vs. DCIT] A.Y. 2015-16 - 2 - find that sufficient cause has been explained in preferring appeal before the Ld. CIT(A) late. We also find that the delay has not been condoned and the appeal was, thus, stood rejected only on that ground and not on merit. As we are satisfied with explanation rendered by the assessee in support of condonation of delay in preferring the appeal before the Ld. CIT(A), we quash the order passed by the Ld. CIT(A) and set aside the issue to the file of the Ld. CIT(A) for deciding the same afresh taking into consideration the evidence to be adduced by the assessee before him at the time of hearing of the matter. Ld. CIT(A) is also directed to give further opportunity of being heard to the assessee and to pass a reasoned order strictly in accordance with law.

3.

In the result, the appeal preferred by the assessee is allowed for statistical purposes.

Latest GST High Court judgments

Search GST case law →