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 >>

Share

Recent Posts

  • Income Tax

Penalty for late supply of goods allowable deduction u/s 37 being not a crime or prohibited activity

Penalty levied for late supply of goods is an allowable deduction u/s 37 as late supply neither a crime nor…

17 hours ago
  • Income Tax

Interest received from Cooperative banks allowable deduction u/s 80P to a Cooperative Society

Deduction u/s 80P(2)(d) towards interest received from cooperative banks is allowable to a cooperative society. In a recent judgment, Hon'ble…

21 hours ago
  • Income Tax

SC to decide distinction in employees & employer contribution to PF, ESI for allowability u/s 43B

Supreme Court to decide difference between employees & employer contribution to PF, ESI for allowability under Section 43B of the…

23 hours ago
  • Income Tax

No liability to collect TCS u/s 206C (1C) from person involved in illegal mining – SC

There is no legislative mandate to collect tax at source under section 206C (1C) from the person involved in illegal…

1 day ago
  • Income Tax

Receipts mentioning that it was towards corpus, donation assumed to be for corpus of trust

In the absence of objection by donors to receipts mentioning that donations were towards corpus, it is assumed that donations…

2 days ago
  • Income Tax

Credit in partner’s capital account for book entry adjustments can not be added u/s 68

Credit in assessee’s capital account consequent to book entry adjustments in the books of the partnership firm can not be…

3 days ago