2024 (12) TMI 771 - HC - Income Tax

Validity of final assessment order and demand notice - petitioner filed an application u/s 35-A of the I.T. Act manually - failure of repeated attempts by the petitioner to e-file acknowledged copy of the application in Form No. 35-A HELD THAT - As in the light of the specific assertion on the part of the petitioner that due to technical glitches and on account of bonafide reasons, unavoidable circumstances and sufficient cause, petitioner could not e-file the acknowledged copy of the said application in Form No.35-A of the I.T. Act, despite repeated attempts between 29.12.2023 and 31.12.2023, the impugned order deserves to be set aside and matter be remitted back to the respondent for reconsideration afresh.

Issues:
1. Quashing of impugned order and demand notice under the Income Tax Act.
2. Consideration of application in Form No. 35-A of the I.T. Act.
3. Technical glitches leading to failure of e-filing acknowledged copy of the application.
4. Remitting the matter back to the Dispute Resolution Panel for reconsideration.

Detailed Analysis:
1. The petitioner sought to quash the impugned order and demand notice dated 31.12.2023 under the Income Tax Act. The petitioner had filed returns on 15.03.2022, following which notices were issued, and adjustments were recommended. The petitioner then filed an application under Section 35-A before the Dispute Resolution Panel (DRP) but faced technical glitches preventing e-filing of the application. The court, after considering the submissions, set aside the impugned order and demand notice, remitting the matter back to the DRP for fresh consideration.

2. The crux of the issue revolved around the consideration of the application in Form No. 35-A of the I.T. Act. The petitioner had manually filed the application before the DRP and the Assessing Officer due to technical glitches preventing e-filing of the acknowledged copy. The court acknowledged the petitioner's efforts and reasons for the failure to e-file, ultimately leading to the decision to set aside the impugned order and demand notice for reconsideration by the respondent after necessary directions from the DRP.

3. The technical glitches preventing the e-filing of the acknowledged copy of the application in Form No. 35-A of the I.T. Act played a significant role in the judgment. Despite repeated attempts between 29.12.2023 and 31.12.2023, the petitioner was unable to e-file, citing bonafide reasons and unavoidable circumstances. The court took into account these technical issues and the petitioner's efforts, leading to the decision to remit the matter back to the respondent for fresh consideration.

4. The final issue addressed in the judgment was the decision to remit the matter back to the Dispute Resolution Panel for reconsideration. The court allowed the petition, setting aside the impugned order and demand notice. It reserved liberty for the petitioner to submit additional pleadings and documents before the DRP, emphasizing the need for the respondent to provide a reasonable opportunity to the petitioner and pass appropriate orders in accordance with the law upon receipt of directions from the DRP.

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