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ITAT Chennai Remands Appeal Due to Incorrect Delay Calculation

Case Law Details

TaxGuru Citation
2025 taxguru.in 770
Case Name
Amuthasurabi Educational Trust Vs ACIT Exemptions (ITAT Chennai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
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Amuthasurabi Educational Trust Vs ACIT Exemptions (ITAT Chennai)

Income Tax Appellate Tribunal (ITAT) Chennai reviewed an appeal by Amuthasurabi Educational Trust concerning an intimation issued under Section 143(1) of the Income Tax Act, 1961, for Assessment Year 2020-21. The appeal challenged an order by the Commissioner of Income Tax (Appeals) [CIT(A)], which dismissed the case on the grounds of a supposed 415-day delay in filing. The assessee argued that the CIT(A) had incorrectly copied details from a previous year’s order and miscalculated the actual delay. The appeal was filed within the prescribed time, as the intimation was issued on 29-12-2023, and the appeal was submitted on 29-01-2024, well within the legal deadline.

ITAT Chennai noted that the CIT(A)’s order was based on incorrect facts and, therefore, could not be upheld. Acknowledging the factual error, the tribunal set aside the order and remanded the case for fresh adjudication. The tribunal directed the CIT(A) to review the matter based on the correct timeline and facts. This decision emphasizes the importance of accurate record-keeping in tax proceedings to ensure fair adjudication and prevent unnecessary litigation. The appeal was allowed for statistical purposes, and the case will now be reconsidered.

FULL TEXT OF THE ORDER OF ITAT CHENNAI

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,764

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