2020 (6) TMI 20 - AT - Income Tax

Appeal dismissed for non prosecution - HELD THAT - In this case the efforts of the assessee in pursuing this appeal are wanting. What are the efforts the assessee made after writing this letter to the assessing officer were not at all placed before us. Even otherwise looking to the series of correspondence placed before us, each time assessee approached the income tax authorities after a considerable lag of time. This itself shows that assessee is not serious in pursuing this appeal. In view of this, we do not find any infirmity in the order of the learned CIT-A to the extent in not acceding request of the assessee to consider appeal filed in paper format. Even otherwise, he is not authorised to do so. Therefore, appeal is dismissed. In the interest of justice, looking at the various litigations through which assessee is going, we give liberty to the assessee to file a fresh appeal before CIT (A) in electronic format in accordance with the rule along with the necessary application for condonation of delay, justifying the cause in delay in filing of the appeal. If such appeal is filed by the assessee, the learned CIT A may hear the appeal of the assessee after condoning the delay, if found in accordance with the law. Assessee is directed to file the appeal before the learned CIT- A within three months from the date of receipt of this order.

Summary

Issues:
1. Validity of filing paper appeal instead of electronic appeal.
2. Condonation of delay in filing appeal.
3. Setting aside of ex-parte assessment order.
4. Legality of reassessment proceedings.
5. Deletion of additions made by assessing officer.
6. Dismissal of appeal by CIT(A) for non-prosecution.
7. Liberty granted to file fresh appeal in electronic format.

Issue 1: Validity of filing paper appeal instead of electronic appeal
The assessee filed a paper appeal against the order of the CIT(A) as the electronic filing was not possible due to various reasons, including a dispute within the management, seizure of books of accounts, and a restraint on directors. The CIT(A) dismissed the appeal as not maintainable, citing the requirement of electronic filing post an amendment in the law. The ITAT upheld the dismissal, emphasizing that the appeal was not in accordance with the Income Tax Rules and the assessee failed to file electronically despite repeated opportunities.

Issue 2: Condonation of delay in filing appeal
The assessee sought condonation of delay in filing the paper appeal, citing technical difficulties and legal constraints. However, the ITAT held that the CIT(A) was not authorized to accept a manual appeal post the amendment mandating electronic filing. Despite the assessee's explanations and efforts, the appeal was found to be non-est and dismissed in limine. The ITAT granted liberty to file a fresh appeal in electronic format with a condonation application within three months.

Issue 3: Setting aside of ex-parte assessment order
The assessee contested the ex-parte assessment order, arguing that it was beyond jurisdiction, illegal, and violated principles of natural justice. However, the ITAT did not find any infirmity in the order of the assessing officer, which determined the total income and made several additions based on available information due to non-compliance by the assessee.

Issue 4: Legality of reassessment proceedings
The reassessment proceedings were initiated without tangible material and solely based on ex-parte information, which the assessee claimed to be illegal and without independent application of mind by the assessing officer. The ITAT, however, did not find merit in this argument and upheld the validity of the reassessment order.

Issue 5: Deletion of additions made by assessing officer
The assessing officer made various additions to the income of the assessee, including on share capital, alleged revenue leakage, current liabilities, and purchase of agricultural land. The ITAT upheld the additions, finding no grounds for deletion based on the facts and circumstances presented.

Issue 6: Dismissal of appeal by CIT(A) for non-prosecution
The CIT(A) dismissed the appeal for non-prosecution as the assessee failed to file electronically despite opportunities and legal requirements. The ITAT upheld this decision, noting the lack of serious efforts by the assessee in pursuing the appeal.

Issue 7: Liberty granted to file fresh appeal in electronic format
In the interest of justice, the ITAT granted the assessee liberty to file a fresh appeal in electronic format within three months, with a necessary application for condonation of delay. This opportunity was provided considering the ongoing litigations and the need for compliance with the law.

In conclusion, the ITAT partly allowed the appeal for statistical purposes, emphasizing the importance of compliance with electronic filing requirements and providing an opportunity for the assessee to rectify the filing method within the specified timeframe.