2021 (4) TMI 197

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..... i. Narendra Kumar, Director of the Assessee in an Affidavit filed before us. The reasons given therein are that the Assessee was being managed by the Executive Directors Arvind Kumar Mysore Bhaskar and Shankar Subrahmanya Bhat. They have been caught in multiple legal matters. In addition their premises were occupied by a third party and they did not have access to their premises due to legal issues. Subsequently, they resigned from the Board of Directors on 30th March 2019. The Other Directors were not involved in day to day operations. Post resignation of these Directors, this matter has come to the notice of other Directors and they have decided to file appeal against the order of the CIT(A). According to the Assessee it could not file th .....

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..... f days of delay in filing the appeal before Tribunal as the copy of the order was not received and the same was obtained only subsequently on making further enquiries with the Assessing officer. We also find that the Assessee has filed a letter before the Office of the Hon'ble CIT(A) asking for the details of the order of CIT(A).Subsequently the other directors started looking into the legal actions against the earlier executive directors and the copy of the legal notice sent by the advocate is attached as Annexure-6. It is the plea of the Assessee that the shareholders and other directors shouldn't be penalised for the mistakes of two executive directors. 4. In the light of the above, we are of the view that the delay in filing th .....

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..... ven facts and circumstances of the case, we are of the view that the assessee should be afforded an opportunity of being heard before the CIT(A). We therefore set aside the order of the CIT(A) and remand the issues raised by the assessee in the appeal before CIT(A) for fresh consideration by the CIT(A) after affording assessee opportunity of being heard. The assessee is directed to co-operate in the set aside proceedings for expeditious disposal of the appeal by the CIT(A). The appeal of the assessee is accordingly treated as allowed for statistical purposes. 7. In the result, appeal by the assessee is allowed for statistical purposes. Pronounced in the open court on the date mentioned on the caption page.
Case laws, Decisions, Judgem .....

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