Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Bombay ITAT Condones 363-Day Delay: Email Mishap Leads to Remand of Entire Group Appeals

Case Law Details

TaxGuru Citation
2025 taxguru.in 11889
Case Name
Shipra Fabrics Private Limited Vs DCIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
Advertisement

Shipra Fabrics Private Limited Vs DCIT (ITAT Mumbai)

Present group of appeals filed by Assessee-companies of the same group pertain to various Assessment Years ranging from 2010-11 to 2016-17. There was a delay of 363 days in filing these appeals. Assessee submitted that during first appellate proceedings, vide acknowledged letter dated 27/02/2019, it had intimated CIT(A) regarding change of its e-mail id. However, notices of hearing & impugned appellate orders were all dispatched to the old email id appearing in PAN data belonging to an employee who left the organisation in 2016. As a result, Assessee could not attend the hearings before CIT(A) & could not immediately take steps to file further appeals.

DR opposed condonation, but could not controvert that the letter updating the email id was duly acknowledged by office of   CIT(A). Tribunal observed that the delay was not intentional & that no material indicating malafide was placed by Revenue. Relying on the principles laid down by Hon’ble Supreme Court in Collector Land Acquisition Vs. Katiji (167 ITR 471), Tribunal held that “sufficient cause” must be interpreted liberally to advance substantial justice, since refusing to condone delay may result in dismissal of a meritorious matter. Accordingly, Tribunal condoned the delay in all appeals.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,978

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.