Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 875 - AT - Income TaxPenalty u/s 271(1)(c) - LTCG computation - delay in filing of appeal before CIT-A - adopting the Stamp Duty Valuation as sale consideration by invoking the provisions of Section 50C and recomputed the Long Term Capital Gain - HELD THAT:- As from the copy of Form No.35 filed by the assessee before the learned CIT(A) that the relevant notice of demand for penalty imposed under Section 271(1)(c) of the Act was served on the assessee on 21.03.2016. As per the specific provision contained in sub-section (2)(b) of Section 249 of the Act, the assessee was required to file the appeal before the learned CIT(A) against the order of penalty under Section 271(1)(c) of the Act within 30 days from the date of service of the notice of demand relating to the penalty. The impugned order of the learned CIT(A) that the appeal was filed by the assessee only on 20.06.2016, i.e. beyond the period prescribed in sub-section 2 of Section 249 - As rightly contended by the learned Departmental Representative, the learned CIT(A), however, failed to take note of this delay and proceeded to dispose of the appeal of the assessee vide his impugned order on merit without passing any order on the issue of condonation of delay. We, therefore, find merit in Ground No.1 of the Revenue’s appeal and remit the matter back to the learned CIT(A) for considering the issue of delay on the part of the assessee in filing the appeal and passing the order on this preliminary issue, in accordance with law, after giving the assessee an opportunity of being heard.
|