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2021 (4) TMI 706 - AT - Income TaxCIT(A) disposing off the appeal for the alleged failure by the appellant to file it electronically - HELD THAT - CIT(A) dismissed the appeal of the assessee due to technical reason as Rule 45 of Income tax Rules 1962 was amended w.e.f. 01.03.2016 and that appeal was instituted on 05.04.2016. CIT(A) dismissed the appeal for technical reasons and without discussing the merit of the case as mandated under section 250(6) As further noted that, though the Rule 45 amended w.e.f. 01.03.2016, without corresponding amendment in Section 249 of Income Tax Act. It is settled position of law that Rule cannot substitute the statutory provision. Hence, keeping in view of the aforesaid facts, the appeal is restored back to the file of Ld. CIT(A) to adjudicate the appeal on merit. The assessee is also directed to comply the procedure for filing appeal electronically as per the amended Rule 45 of Income Tax Rules 1962, if no such appeal is filed electronically. The assessee is given liberty to file proper application for seeking condonation of delay, if so required for admission of appeal before the Ld. CIT(A). The Ld. CIT(A) is further directed to consider the application for condonation of delay, if so filed, sympathetically - Appeal of the assessee is allowed for statistical purpose.
Issues:
Appeal against order of Ld. Commissioner of Income Tax(Appeals) - Failure to file appeal electronically - Addition under section 69 of the Act - Dismissal of appeal by Ld. CIT(A) - Technical reasons for dismissal - Rule 45 of Income Tax Rules 1962 - Amendment w.e.f. 01.03.2016 - Restoration of appeal to Ld. CIT(A) for adjudication on merit - Compliance with procedure for filing appeal electronically - Liberty to file application for condonation of delay - Appeal allowed for statistical purpose. Analysis: 1. The appeal was filed against the order of the Ld. Commissioner of Income Tax(Appeals) for the Assessment Year 2008-09. The case involved a Non-Resident Indian (NRI) who did not file a Return of Income for the A.Y. 2007-08. The Assessing Officer (AO) reopened the case under section 147 of the Act based on information regarding investment in Unit Trust of India (UTI) Mutual Fund. The AO made additions under section 69 of the Act, treating the investment as unexplained. The assessee then appealed to the Ld. CIT(A) challenging the additions made by the AO. 2. The Ld. CIT(A) dismissed the appeal on technical grounds, stating that the assessee filed a manual appeal instead of filing it electronically, as mandated from 01.03.2016. The appeal was dismissed without discussing the merits of the case, which is required under section 250(6) of the Act. The Tribunal noted that while Rule 45 of Income Tax Rules 1962 was amended, there was no corresponding amendment in Section 249 of the Income Tax Act. It was emphasized that a rule cannot substitute a statutory provision. Therefore, the Tribunal restored the appeal to the file of Ld. CIT(A) for adjudication on merit. 3. The Tribunal directed the assessee to comply with the procedure for filing the appeal electronically as per the amended Rule 45 of Income Tax Rules 1962. The assessee was given the liberty to file an application for seeking condonation of delay if required for the admission of the appeal before the Ld. CIT(A). The Ld. CIT(A) was instructed to consider any application for condonation of delay sympathetically, taking into account the circumstances of the case. The appeal was allowed for statistical purposes. 4. In conclusion, the Tribunal set aside the dismissal of the appeal by the Ld. CIT(A) on technical grounds and directed a fresh adjudication on the merits of the case. The decision highlighted the importance of following procedural requirements while also ensuring that the appeal is considered on its substantive merits.
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