SAMBHAJIRAO SHINDE JUNIOR COLLEGE,SOLAPUR vs. ACIT COC(TDS), GHAZIBAD

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ITA 2080/PUN/2019Status: DisposedITAT Pune14 June 2021AY 2013-144 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that quasi-judicial authorities should provide reasonable opportunities for hearing and dispose of matters on merits. The Revenue conceded to this, and the Tribunal set aside the CIT(Appeals) orders.

What were the facts?

The assessee's appeals before the CIT(Appeals) were dismissed solely on the grounds of delay in filing. The assessee had provided reasons for the delay, but the CIT(Appeals) was not convinced.

What were the issues?

The primary issues were the condonation of delay in filing appeals before the CIT(Appeals) and the charging of fees under Section 234E.

Which sections of the Income-tax Act were involved?

Section 234E

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI R.S.SYAL & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Pramod Shingte
For Respondent: Shri S.P Walimbe
Hearing: 04.06.2021Pronounced: 14.06.2021

आदेश / ORDER PER BENCH: These bunch of 12 appeals preferred by the assessee emanates from the different orders of the Ld. CIT(Appeals), Pune-10 dated 14.11.2019 for the respective assessment years captioned hereinabove and as per the grounds of appeal on record.

1.

2. Originally these cases were posted before us to consider the appeals for early hearing as per the request application of the assessee. However, on hearing the parties, the issue arising thereof from these appeals pertains to the condonation of delay in filing these appeals before the Ld. CIT(Appeals) and the issue of charging fees u/s.234E of the Income Tax Act, 1961 (hereinafter referred to as „the Act‟).

3.

The Ld. Counsel for the assessee taking 2013-14 (24Q-Q2) as lead case demonstrated the fact that the Ld. CIT(Appeals) has not adjudicated the rights and liabilities of the parties nor has given any findings on merits in all these cases. The Ld. CIT(Appeals) has simply dismissed these appeals on the grounds that there were delay in filing of the said appeals before him. The assessee even has tried to convince the Ld. CIT(Appeals) by filing condonation petition for delay as well as reasons for such delay. However, the Ld. CIT(Appeals) as evident from his order was not convinced with the reasonableness of the reasons provided by the assessee for such delay and dismissed all these appeals solely on the ground of delay in filing of the appeals. In the lead case in for the assessment year 2013-14 (24Q-Q2) at Para 4 of the Ld. CIT(Appeals)‟s order, these facts are enumerated.

4.

We have perused the case records placed before us and the reasons submitted by the assessee before the Ld. CIT(Appeals) for late filing of such appeals. We are of the considered view that every Quasi-Judicial Authority in the interest of justice should try to provide reasonable opportunity of hearing to the assessee and complete the hearing and dispose of the matter on merits. The Ld. DR before us also conceded to these facts and did not raise any objection if these matters were remanded back to the file of the Ld. CIT(Appeals) for re-adjudication on merits. In respect thereof, we set aside the respective orders of the Ld. CIT(Appeals) and remand the same back to their files for re-adjudication on merits while complying with the principles of natural justice and as per law.

5.

Therefore, all these 12 appeals are taken as heard and as per observations aforesaid, all the appeals of the assessee are allowed for statistical purposes.

6.

In the result, all the appeals of the assessee are allowed for statistical purposes. Order pronounced on 14th day of June, 2021. Sd/- Sd/- R.S.SYAL PARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; ददनाांक / Dated : 14th June, 2021 SB

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