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2021 (10) TMI 8 - AT - Income TaxNon filing of appeal electronically - appeal of the assessee dismissed as not having been filed electronically not in conformity with the procedure contemplated in Rule 12(3) of the Income Tax Rules, 1962 - HELD THAT - As in the case of All India Federation of Tax Practitioner, Mumbai, 2018 (6) TMI 1171 - ITAT MUMBAI as observed by the Tribunal that as the default on the part of an assessee in filing the appeal in paper form was merely a technical defect which could not be allowed to overshadow the cause of substantial justice, therefore, it had set-aside the order of the CIT(A), with a direction to him to consider the appeal filed electronically by the assessee Thus appeal, in all fairness and in the interest of justice is restored to the file of the CIT(A). The CIT(A) is directed to consider the appeal which was electronically filed by the assessee as having been filed on the date on which the same was manually filed in paper form i.e on 28.03.2016 and dispose off the same on merits by way of a speaking order. CIT(A) while disposing off the appeal shall afford a reasonable opportunity of being heard to the assessee. Order passed by the CIT(A) is set-aside, and the matter is restored to his file for fresh adjudication.
Issues involved:
Appeal dismissed for not e-filing, Disallowance of late delivery charges, TDS credit denied, Validity of manually filed appeal, Restoration of appeal for fresh adjudication. Issue 1: Appeal dismissed for not e-filing The appeal was dismissed by CIT(A) as it was manually filed instead of electronically as required by revised Rule 45. The assessee argued that the change in e-filing procedure was new, leading to inadvertent mistake. The Tribunal referred to a similar case where it was held that technical defects should not overshadow substantial justice. The Tribunal set aside CIT(A)'s order and directed to consider the appeal filed electronically as if filed in paper form on the due date, emphasizing the importance of substantial justice over technical considerations. Issue 2: Disallowance of late delivery charges The AO disallowed a sum paid by the assessee on account of late delivery charges. The CIT(A) upheld this disallowance. However, the Tribunal did not address this issue specifically in its judgment, as the focus was on the appeal dismissal due to e-filing non-compliance. Issue 3: TDS credit denied The CIT(A) allowed TDS credit of a lesser amount than claimed by the assessee, denying a credit of a certain sum. The Tribunal did not delve into this issue in detail in its judgment, as the primary focus was on the appeal dismissal and restoration for fresh adjudication. Issue 4: Validity of manually filed appeal The CIT(A) dismissed the manually filed appeal, stating it was invalid ab-initio due to non-compliance with e-filing requirements. The assessee sought restoration for fresh adjudication, citing bonafide reasons for the procedural lapse. The Tribunal, following precedent, restored the appeal to the CIT(A) for consideration, directing to treat the electronically filed appeal as if filed in paper form on the due date. Issue 5: Restoration of appeal for fresh adjudication The Tribunal allowed the appeal for statistical purposes, setting aside the CIT(A)'s order and restoring the appeal for fresh adjudication. The Tribunal directed the CIT(A) to consider the appeal filed electronically as if filed in paper form on the due date, emphasizing the importance of substantial justice and affording a reasonable opportunity to the assessee during the process. Overall, the Tribunal's judgment focused on the procedural aspect of e-filing, emphasizing substantial justice over technical defects, and directed the restoration of the appeal for fresh adjudication in the interest of justice.
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