Order Can’t Be Passed While Delay Condonation Application is Pending before CBDT

Neyyoor P A C C S Ltd Vs ITO (ITAT Chennai) Introduction: In a significant decision that accentuates the significance of due process in tax disputes, the Income Tax Appellate Tribunal (ITAT) Chennai, in the case of Neyyoor P A C C S Ltd Vs ITO, has ruled that an order can’t be passed while a delay condonation application is pending before the Central Board of Direct Taxes (CBDT). The ITAT set aside the order of the Commissioner of Income Tax (Appeals), asserting that the department ought to have waited for the CBDT’s decision on the condonation petition. Analysis: The ITAT’s ...