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Tribunal Allows Appeal Despite 295-Day Delay Citing SARFAESI; Case Remitted for Fresh AO Consideration. The Tribunal condoned a 295-day delay in filing the appeal, attributing it to SARFAESI proceedings, and admitted the appeal for adjudication. The ...
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Tribunal Allows Appeal Despite 295-Day Delay Citing SARFAESI; Case Remitted for Fresh AO Consideration.
The Tribunal condoned a 295-day delay in filing the appeal, attributing it to SARFAESI proceedings, and admitted the appeal for adjudication. The assessee, involved in iron and steel manufacturing, failed to respond to statutory notices, leading to the AO's taxable income assessment, which the CIT(A) upheld. Citing unawareness due to SARFAESI proceedings, the Tribunal remitted the case to the AO for fresh consideration, directing the assessee to update contact details and provide necessary evidence. The appeal was allowed for statistical purposes, underscoring the significance of proper representation and compliance in assessment proceedings.
Issues: 1. Condonation of delay in filing appeal. 2. Assessment proceedings and non-compliance by the assessee. 3. Lack of representation before authorities and request for fresh consideration.
Condonation of Delay in Filing Appeal: The appeal was filed 295 days late, citing non-communication of the impugned order due to SARFAESI proceedings. The Tribunal, after considering the reasons presented, condoned the delay and admitted the appeal for adjudication.
Assessment Proceedings and Non-Compliance by the Assessee: The assessee, engaged in the manufacture of basic iron and steel, declared a loss in the return of income. Despite statutory notices issued during assessment proceedings, the assessee did not respond, leading to the AO assessing a taxable income. The CIT(Appeals) confirmed the AO's order as the assessee failed to comply with the notices.
Lack of Representation Before Authorities and Request for Fresh Consideration: The assessee claimed unawareness of notices due to SARFAESI proceedings and non-service of the CIT(Appeals) notice on the registered email-id. The Tribunal noted the lack of representation before the authorities and remitted the issues to the Assessing Officer for fresh consideration. The assessee was directed to provide correct contact details, necessary evidence, and avoid unnecessary adjournments for a fair decision.
In conclusion, the Tribunal allowed the assessee's appeal for statistical purposes, emphasizing the importance of proper representation, communication, and compliance in the assessment process.
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