BANK OF INDIA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, TDS, CIRCEL-51(1), NAGPUR

This is an appeal filed by the assessee against the order of ld.CIT(A)[NFAC], Pune under section 250 of the Income Tax Act, 1961 dated 19.10.2022 emanating from the assessment order under section 201(1) of the Income Tax Act, 1961 dated 27.03.2019 for the A.Y.2012-13.

The ld.Authorised Representative(ld.AR) for the Assessee submitted that assessee’s appeal was dismissed by the ld.CIT(A) on account of delay, without condoning delay. The ld.AR submitted that the order under section 201 was passed on 27.03.2019. The ld.AR submitted that it is a Public Sector Bank and due to internal mechanisms, there has been delay in fling appeal. The ld.AR submitted that a lenient view may be taken and case may kindly be set-aside.

The ld.Departmental Representative(ld.DR) for the Revenue relied on the orders of the Lower Authorities.

It is observed that ld.CIT(A) dismissed assessee’s appeal on the ground of delay. We find that there was reasonable cause for delay. Therefore, we direct the ld.CIT(A) to condone the delay. Accordingly, order of the ld.CIT(A) is set-aside to ld.CIT(A) for denovo adjudication after giving opportunity. The assessee shall provide all the necessary document required by the ld.CIT(A). Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose.

In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced in the open Court on 6th October, 2023.