2018 (5) TMI 248 - AT - Income Tax

Condonation of delay - Additional evidences submitted by the assessee - Held that - Assessee had sought condonation of delay before Ld. CIT(A) vide letter dated 16/04/2014, which is not before us and therefore, it is not clear as to the stand taken by the assessee therein. Secondly, it is undisputed fact that the company was under liquidation and it was the liquidator only who alone was competent to carry out proceedings on behalf of the company. On totality of facts and circumstances, we deem it fit to restore the matter back to the file of CIT(A) for reconsideration of additional evidences submitted by the assessee before us and decide the same in the light of submissions made by the assessee.

Summary

Issues Involved:
Appeals for Assessment Years 2008-09 & 2009-10 challenging orders of Ld. Commissioner of Income Tax (Appeals) involving delay in filing appeals, condonation of delay, and authority to file appeals during liquidation.

Analysis:
1. Delay in Filing Appeals - AY 2008-09:
The assessee, a resident corporate assessee, filed an appeal against the adjustments made by the Assessing Officer. The delay of 602 days in filing the appeal was attributed to the official liquidator, who was responsible for signing and filing the appeal. The Ld. CIT(A) dismissed the appeal citing delay without condonation. The AR argued for condonation, presenting a timeline of events showing the liquidation process and communication regarding the appeal. The Tribunal noted the liquidator's role in filing appeals during liquidation and remitted the matter back to Ld. CIT(A) for reconsideration based on additional evidence.

2. Authority to File Appeals During Liquidation:
The Ld. DR contended that the liquidator, not the assessee's representative, should file the condonation petition due to the company's liquidation status. The Tribunal acknowledged the liquidator's exclusive authority during liquidation proceedings. It emphasized the need for the liquidator to handle appeal-related matters. The matter was remitted to Ld. CIT(A) to consider the additional evidence submitted by the assessee and decide on condonation based on the liquidator's role.

3. Delay in Filing Appeals - AY 2009-10:
Similar to AY 2008-09, the appeal for AY 2009-10 was also dismissed by Ld. CIT(A) due to a delay of 323 days without condonation. The Tribunal remitted this matter back to Ld. CIT(A) for reconsideration in line with the decision for AY 2008-09. Both appeals were partly allowed for statistical purposes pending reconsideration by Ld. CIT(A).

In conclusion, the Tribunal addressed the issues of delay in filing appeals, the authority of the liquidator during liquidation, and the need for proper documentation and representation in appeal processes. The remittance of both appeals back to Ld. CIT(A) for reconsideration highlighted the importance of adherence to legal procedures and the role of authorized representatives during liquidation proceedings.