Venkatesh Srinivas Vs ITO (ITAT Bangalore)
Documents Filed Before AO Ignored—Tribunal Orders De-Novo Hearing- Ex-Parte NFAC Order Set Aside – Assessee Gets Fresh Chance on ₹3.10 Cr 54F Claim
Assessee appealed against CIT(A)/NFAC order dated 20.03.2024 which dismissed the appeal ex parte. The matter related to disallowance of exemption u/s 54F where AO restricted claim to Rs.40,00,000/- as against Assessee’s claim of Rs.3,50,58,569/-, resulting in addition of Rs.3,10,58,569/-.
Assessee explained delayed filing of the present appeal (delay of 267 days) through a detailed affidavit. It was submitted that the email id furnished in Form 35 belonged to the earlier consultant & notices were not seen; the consultant also failed to intimate the CIT(A)’s order. Assessee came to know of dismissal only while filing subsequent-year returns. Tribunal held the explanation truthful, invoking the Supreme Court ruling in Collector, Land Acquisition v. Katiji, & condoned the delay.
On merits, Tribunal noted that Assessee had indeed furnished complete details before AO, including reply dated 19.09.2022 enclosing bank statements evidencing payments aggregating to Rs.3,50,58,569/- for site purchase & construction. These documents were part of the assessment record but CIT(A) ignored them & dismissed the appeal without examining merits .
Tribunal held that Assessee deserved one more opportunity. CIT(A)’s ex parte order was set aside & the matter remanded to CIT(A) for fresh adjudication after granting adequate opportunity. Assessee was directed to update correct email id on ITBA & remain vigilant.
