2024 (6) TMI 1295 - AT - Income Tax

Intimation u/s. 143(1) denying benefits of Section 11 - It was the submission that the assessee had filed rectification application u/s. 154 and the same came to be rejected and on further appeal the ld. CIT(A) without considering the claim of the assessee, has upheld the order u/s. 154 - When questioned what happened to the intimation issued u/s. 143(1), it was the submission that the assessee had filed rectification application u/s. 154 of the Act and the same came to be rejected and on further appeal the ld. CIT(A) without considering the claim of the assessee, has upheld the order u/s. 154 HELD THAT - At the outset, ld. AR has sought liberty to withdraw this appeal and also prayed for liberty to file appeal against the intimation u/s. 143(1) of the Act. Thus, the appeal filed by the assessee against the order passed u/s. 154 of the Act stands dismissed as withdrawn and liberty is granted to the assessee to file necessary appeal against the intimation u/s. 143(1) of the Act before the appropriate forum. Appeal of the assessee is dismissed as withdrawn.

Summary

Issues:
- Condonation of delay in filing the appeal
- Grant of benefits under Section 11 of the Act
- Withdrawal of the present appeal and liberty to file appeal against the intimation u/s. 143(1) of the Act

Condonation of Delay:
The appeal before the Appellate Tribunal ITAT CUTTACK involved a delay of 178 days in filing the appeal, which the assessee sought to condone. The assessee submitted an application with an affidavit explaining the reasons for the delay, which the Senior DR did not object to. Considering the facts and reasons provided, the Tribunal decided to condone the delay and proceed with the appeal.

Grant of Benefits under Section 11:
The assessee claimed benefits under Section 11 of the Act, which were not initially granted in the intimation issued under Section 143(1). The assessee filed a rectification application under Section 154, which was rejected. Upon further appeal, the CIT(A) upheld the order under Section 154 without considering the claim of the assessee. The Tribunal noted that the assessee did not file an appeal against the intimation issued under Section 143(1) and granted liberty to withdraw the present appeal and file a necessary appeal against the intimation before the appropriate forum.

Withdrawal of Present Appeal and Liberty to File Appeal:
During the proceedings, the assessee sought permission to withdraw the present appeal and requested liberty to file an appeal against the intimation under Section 143(1) of the Act. The Senior DR had no objection to the withdrawal of the present appeal and stated that filing an appeal against the intimation was the liberty of the assessee. Consequently, the Tribunal dismissed the appeal as withdrawn and granted the assessee liberty to file the necessary appeal against the intimation under Section 143(1) before the appropriate forum.

In conclusion, the Tribunal allowed the condonation of delay, addressed the issue of benefits under Section 11, and permitted the assessee to withdraw the appeal and file a new appeal against the intimation under Section 143(1) of the Act. The appeal of the assessee was ultimately dismissed as withdrawn, providing the necessary liberty for further legal actions.