2021 (10) TMI 345 - AT - Income Tax

Non filing of E-appeal - appeal was filed manually in paper format within due time - CIT-A dismissing the appeal of the Company on the technical ground, that the appeal was not filed through e-filing system electronically - HELD THAT - It is an admitted fact that the learned CIT(A) has dismissed the appeal in limine treating the same as non-est, since, the assessee has not e-filed the appeal and has filed the same manually in paper form. The Co-ordinate Benches of the Tribunal are taking a lenient view in such cases with a direction to the Ld. CIT(A) to allow the assessee to e-file the appeal and decide the appeal on merit. We, direct the Ld. CIT(A) to allow the assessee to file the appeal in electronic mode and decide the appeal on merit.

Issues:
1. Appeal dismissed on technical ground of not filing electronically.
2. Disallowance of expenses.
3. Disallowance of outstanding balances.
4. Initiation of penalty proceedings.
5. Appeal before the Tribunal regarding dismissal of the appeal.

Issue 1: Appeal dismissed on technical ground of not filing electronically

The appellant, a private limited company engaged in Civil Construction, filed its income tax return manually but was required to file the appeal electronically. The CIT(A) dismissed the appeal as non-est for not complying with the electronic filing requirement. The Tribunal noted that the CIT(A) should allow the appellant to file the appeal electronically and decide on the merits. The Tribunal directed the CIT(A) to permit electronic filing and consider the appeal substantively, ultimately allowing the appeal for statistical purposes.

Issue 2: Disallowance of expenses

The appellant contested the disallowance of various expenses by the Assessing Officer, including Vehicle Running & Maintenance Expenses, Travelling & Conveyance Expenses, and Business Promotion Expenses. The Tribunal did not address these specific disallowances in its judgment, as the focus was on the technical ground of appeal dismissal. Therefore, the disallowance issues were not resolved in this judgment.

Issue 3: Disallowance of outstanding balances

The Assessing Officer disallowed a sum based on outstanding balances of Sundry Creditors not confirmed by the parties. The Tribunal did not delve into the specifics of this disallowance in its judgment, as the primary issue was the dismissal of the appeal on technical grounds. Consequently, the matter of disallowance based on outstanding balances remained unresolved in this judgment.

Issue 4: Initiation of penalty proceedings

The Assessing Officer initiated penalty proceedings under section 271(1)(c) of the Income Tax Act for furnishing inaccurate particulars/concealment of income. However, the judgment did not address the penalty proceedings, focusing instead on the appeal dismissal issue. Therefore, the outcome of the penalty proceedings was not determined in this judgment.

Issue 5: Appeal before the Tribunal regarding dismissal of the appeal

The appellant appealed to the Tribunal against the CIT(A)'s decision to dismiss the appeal due to non-electronic filing. The Tribunal allowed the appeal for statistical purposes, directing the CIT(A) to permit electronic filing and consider the appeal on its merits. The Tribunal's decision to allow the appeal for statistical purposes indicated a procedural victory for the appellant, enabling a substantive review of the appeal on its merits.

This detailed analysis covers the various issues involved in the judgment, providing a comprehensive overview of the legal proceedings and outcomes related to each issue.

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