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of <h1>Appeal Dismissed Over Filing Method Error: ITAT Stresses Fairness</h1> <h3>M/s. Unique Properties & Securities Pvt. Ltd. Versus Dy. CIT, Central Circle – 6 (3), Mumbai</h3> M/s. Unique Properties & Securities Pvt. Ltd. Versus Dy. CIT, Central Circle – 6 (3), Mumbai - TMI Issues:Appeal filed manually instead of electronically, Delay in filing appeal electronically, Commissioner's power to condone delayAnalysis:1. Appeal filed manually instead of electronically:The appeal before the Commissioner of Income Tax (Appeals) was dismissed as it was filed in paper form on 14.03.2016, contrary to the requirement of filing electronically introduced from 01.03.2016. The appellant argued that technical difficulties and lack of a fully functional system led to the manual filing. The CBDT had allowed assesses facing such issues to file electronically by 15.06.2016. The Commissioner considered the appeal invalid and not maintainable, as it did not comply with the modified Form No. 35 requirement. The appellant's subsequent electronic filing on 12.12.2016 was not considered relevant by the Commissioner.2. Delay in filing appeal electronically:The appellant requested the paper appeal filed on 14.03.2016 to be clubbed with the electronic appeal filed on 12.12.2016 for a joint decision. However, the Commissioner refused to condone the delay, stating that if an appeal is not filed in the prescribed manner, it must be treated as invalid. The Commissioner held that he had no power to waive or condone such non-compliance, leading to the dismissal of the grounds raised in the paper appeal.3. Commissioner's power to condone delay:The Commissioner, in his order, emphasized that he lacked the authority to waive or condone non-compliance with the prescribed form of filing appeals. However, the Income Tax Appellate Tribunal (ITAT) found reasonable cause for the delay in filing the appeal electronically. Considering it was the first year of the electronic filing rule and technical glitches were reported, the ITAT decided to condone the delay. The ITAT directed the Commissioner to consider the appeal on its merits and provide the appellant with a fair opportunity to present their case.In conclusion, the ITAT allowed the appeal for statistical purposes, highlighting the importance of considering reasonable causes for non-compliance and providing opportunities for proper representation before dismissing appeals solely on technical grounds.
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