Tamil Nadu State Apex Fisheries Co-operative Federation Limited Vs ITO (ITAT Chennai)
Appeals Dismissed in Limine Revived: ITAT Restores Matters Where Reassessment Done Under Wrong PAN
The Chennai Bench of the ITAT, in Tamil Nadu State Apex Fisheries Co-operative Federation Ltd. v. ITO (AYs 2013-14, 2014-15 & 2016-17), dealt with appeals that were dismissed in limine by the CIT(A) for non-filing of condonation petitions. The assessee, a statutory federation, contended that reassessment proceedings were wrongly initiated under an incorrect PAN (status shown as “Firm”), whereas it had been regularly filing returns under the correct PAN as a Co-operative Society/AOP.
The Tribunal first condoned the delay in filing appeals before it, holding that sufficient cause existed. On merits of the procedural issue, the ITAT noted that (i) reassessment was indeed carried out under the wrong PAN, (ii) the assessee had placed material before the AO explaining the nature of activities and source of cash deposits, and (iii) the assessee pleaded that delay before CIT(A) occurred because it was unaware of completion of assessment under the wrong PAN.
Considering the peculiar facts and in the interest of justice, the ITAT set aside the orders of the CIT(A) and remanded the matters back with a direction to:
