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TMI Blog2025 (3) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... r A.Y. 2016-17 on 10.07.2016 declaring NIL income after claiming application of income as deduction under Section 11 & 12 r.w.s. 12A of the Act. The return of the assessee was processed under by the CPC under Section 143(1) of the Act and while processing the return the deduction claimed under Sections 11 & 12 of the Act was not allowed which resulted in total demand of Rs. 1,48,95,066/-. Thereafter, the assessee had filed a rectification application under Section 154 of the Act on 22.02.2022 with the Assessing Officer which was rejected vide AO's communication dated 16.06.2022. 3. Aggrieved with the order of Assessing Officer rejecting the application under Section 154 of the Act, the assessee had filed in appeal before the First Appellat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceed computation of income after allowing the application of section 11 and 12 of the act. (5) The assessee craves the leave of this court to add, delete or alter any ground of appeal where it is required for just and equitable ground." 5. Shri Piyush Panchal, Ld. A.R. of the assessee submitted that the Ld. CIT(A) did not adjudicate the matter on merits but had dismissed the appeal without condoning the delay of 91 days in filing of the appeal. He explained that the reason for delay was duly explained in Form No. 35. The assessee had filed the application under Section 154 online and the order under Section 154 was not communicated on the portal as an order. The assessee had only found a communication on the portal under the head "is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he rectification application of the assessee on the ground that Form No. 10B was not filed within the due date and that no condonation was granted in this regard. The matter was not examined on merits by the Ld. CIT(A), who did not condone the delay of 91 days in filing of appeal by the assessee. As explained by the assessee the delay was caused for the reason that the order under Section 154 passed by the Assessing Officer was communicated on the portal under the caption "issue letter" which was misunderstood by the assessee. Be that as it may, the Hon'ble Gujarat High Court has held in the case of Vareli Textiles Ltd (284 ITR 238 (Guj)) that meritorious cases should not be thrown out on ground of limitation. Therefore, the Ld. CIT(E) was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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