N K MEDIA VENTURES PVT. LTD.,BHUBANESWAR vs. DCIT, CIRCLE- 1(2), BHUBANESWAR

The appeal is time barred by 28 days. The assessee has filed The appeal is time barred by 28 days. The assessee has filed The appeal is time barred by 28 days. The assessee has filed condonation petition, stating that the delay in filing of the appeal is not condonation petition, stating that the delay in filing of the appeal is not condonation petition, stating that the delay in filing of the appeal is not intentional as ld AR who intentional as ld AR who happens to file the appeal within the stipulated happens to file the appeal within the stipulated period has kept the appeal order with him. Ld AR prayed that the delay in period has kept the appeal order with him. Ld AR prayed that the delay in period has kept the appeal order with him. Ld AR prayed that the delay in filing the appeal may be condoned. Ld CIT DR did not oppose the prayer of filing the appeal may be condoned. Ld CIT DR did not oppose the prayer of filing the appeal may be condoned. Ld CIT DR did not oppose the prayer of P a g e 1 | 3 ld AR of the assessee. In view of above, we condone the delay of 28 days in filing the appeal for adjudication on merits.

At the time of hearing, ld AR submitted that the assessee has filed an appeal before the ld CIT(A) belatedly on the merits of the addition. The assessee has also placed the proof of filing the appeal before the ld CIT(A). It was his prayer that the issue of penalty may be restored to the file of the Assessing Officer with the direction to wait the outcome of the merits on which the appeal has been filed.

In reply, ld CIT DR vehemently opposed the prayer of the ld A.R. of the assessee. It was his submission that the penalty levied by the AO u/.s.271(1)(c) and as upheld by the ld CIT(A) should be confirmed insofar as the assessee has not filed any appeal in respect of merits before the ld CIT(A) in time.

We have considered the rival submissions. Perusal of the evidences produced by ld AR shows that in respect of merits of the addition made in the assessment, the assessee has filed appeal before the ld CIT(A). It is also recognized that the appeal has been filed belatedly before the ld CIT(A). However, in the interest of natural justice, the issues in respect of penalty levied u/s.271(1)(c) are restored to the file of the Assessing Officer for re-adjudication after the decision in respect of merits by the ld CIT(A).

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