Income Tax

Not providing certified copy of order, reasonable basis for condonation of delay in filing appeal

Not providing certified copy of penalty order was reasonable basis for seeking condonation of delay in filing the appeal before the CIT(A)

ABCAUS Case Law Citation:
ABCAUS 2679 (2018) (12) ITAT

This appeal was filed by the assessee against the order of CIT(A) wherein the appeal of the assessee was dismissed at the admission stage as there was delay in filing of the appeal by the assessee.

The penalty order u/s 271(1)(b) was served on the assessee. However, the assessee had lost the said order and therefore, the assessee moved an application seeking certified copy of the order.

When the certified copy of the penalty order was supplied to the assessee, he preferred the appeal with the CIT(A).

The Tribunal noted that the assessee had requested for certified copy of the order.

The Tribunal opined that it would be reasonable to exclude the period during which the copy of the order was not provided while determining the period of delay which has happened in filing the appeal before the CIT(A) as no fault lied with the assessee.

Further, the Tribunal noted that once certified copy of the order was served on the assessee, the assessee had immediately filed the appeal.

The Tribunal opined that the assessee had a reasonable basis for seeking condonation of delay in filing the appeal before the CIT(A).

In view of the above, the Tribunal condoned the delay and the set aside the matter to the file of  CIT(A) to decide the same on merit after giving reasonable opportunity to the assessee.

Download Full Judgment Click Here >>

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Notice u/s 148 quashed as it was issued by Jurisdictional AO not by Faceless AO

Reopening notice u/s 148 and order u/s 148A(d) quashed as it was issued by Jurisdictional AO and not by a…

4 hours ago
  • Income Tax

Wrong amount of income accumulation mentioned in Form-10 due to clerical error

Wrong amount of income accumulation mentioned in Form-10 due to clerical error - ITAT deleted addition made by AO  In…

5 hours ago
  • GST

Finding of intent to avoid tax payment must be reversed before allowing appeal – HC

Once a finding of intent to avoid payment of tax recorded, the appellate authority before allowing appeal bound to reverse…

1 day ago
  • ICAI

Empanelment of ICAI Exam observer for September/November 2024 Examinations

Empanelment to act as ICAI exam observers for September / November 2024 CA Examination. Last date to apply is 10.08.2024…

1 day ago
  • Income Tax

CBDT extends cut off date for investment by Sovereign Wealth Funds/Pension Funds

CBDT extends cut off date for investment by Twelve sovereign wealth funds / Pension Funds from 31st March 2024 to…

2 days ago
  • Income Tax

HC dismissed appeal against inadequacy of sentence in income tax prosecution cases

Appeal against inadequacy of sentence passed by special court in income tax prosecution cases dismissed by High Court  In a…

2 days ago