Tribunal, being a fact finding Forum is expected to render its findings on merits instead of dismissing appeal on technical reason like delay, unless it is very huge and without any genuine reason
ABCAUS Case Law Citation:
ABCAUS 2691 (2018) (12) HC
The assessee had filed this Appeal under Section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal whereby the Tribunal had dismissed the Appeal on the ground of delay.
The delay in question was 144 days and the Tribunal observed that the assessee failed to establish any reason to condone the huge delay of 144 days in preferring the Appeal.
The assessee contended that it is a Charitable Trust and was prevented by sufficient cause in filing the said Appeal before the Tribunal and in the circumstances, the delay deserves to be condoned by the Tribunal.
The Hon’ble High Court expressed satisfaction that the delay in filing the Appeal before the Tribunal deserved to be condoned and the Appeal deserved to be disposed on merits.
The Hon’ble High Court observed that even otherwise, the Appellate Tribunal, being a fact finding Forum is expected to render its Findings on merits instead of dismissing the Appeal on the technical reason like delay, unless the delay is very huge and there is no genuine reason forthcoming for the delay.
Accordingly, the Hon’ble High Court allowed the appeal filed by the assessee and remitted the matter back to the Tribunal for deciding the Appeal on merits
It can never be the object of assessment proceedings to find an empirically, absolutely correct solution on every fact issue…
Penalty u/s 270A deleted as assesse filed revised computation during scrutiny correcting the mistake which was noticed only after the…
Penalty u/s 271B for unfilled column 40 in Form 3CD related to details regarding turnover, gross profit etc. for previous…
Merely rectifying computation without amending assessment order without notice to assessee does not nullify the entire assessment - ITAT In…
Once assessee discharges primary onus of providing basic documents in support of the identity, genuineness and the creditworthiness it shifts…
CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…