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of <h1>Assessee's appeal partially allowed, emphasizing adherence to precedent. Delay in e-filing condoned.</h1> <h3>Shri K.G. Srinivasan Versus The Income Tax Officer Non-Corporate Ward-8 (2), Chennai</h3> Shri K.G. Srinivasan Versus The Income Tax Officer Non-Corporate Ward-8 (2), Chennai - TMI Issues:Appeal against order of CIT(A) based on delay in e-filing, condonation of delay, applicability of Co-ordinate Bench decisions, setting aside CIT(A) order, restoration of appeal for adjudication on merits.Issue 1: Appeal Dismissal due to Delay in e-filingThe Assessee filed an appeal against the order of CIT(A) for Assessment Year 2009-10, which was dismissed due to delay in e-filing. The Assessee argued that the delay should be condoned based on the decision of a Co-ordinate Bench in a similar case. The assessment order was served on 31.03.2016, and the appeal was manually filed on 19.04.2016, with e-filing on 02.08.2016 after a show-cause notice. The Assessee requested the CIT(A) to consider the appeal on merits after condoning the delay.Issue 2: Co-ordinate Bench DecisionThe Tribunal referred to a Co-ordinate Bench decision in the case of M/s. South India Bottling Company Private Limited, where the CIT(A)'s order was set aside under similar circumstances. The Co-ordinate Bench directed the CIT(A) to adjudicate on merits, emphasizing that e-filing related back to the original manual filing date, thus no delay existed. The Tribunal followed this precedent and set aside the CIT(A) order in the current case, restoring the issues for adjudication on merits.Conclusion:The Tribunal allowed the Assessee's appeal, partly for statistical purposes, based on the Co-ordinate Bench decision's applicability. The Tribunal found that the delay in e-filing should be condoned, and the CIT(A) was directed to consider the appeal on merits after setting aside their order. The decision highlighted the importance of following precedents set by Co-ordinate Benches in similar cases to ensure fair treatment and adherence to statutory requirements.
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