ITAT Remands Rs. 73.99 Lakh Additions to CIT(A) for Fresh Adjudication:

The assessee is BIPS Systems Limited who is engaged in the business of trading in computers and peripherals, providing systems design, development, support and maintenance services. For Assessment Year 2020-21, the Assessment Unit, Income Tax Department, passed an assessment order dated 20/09/2022 under Section 143(3) read with Section 144B of the Income Tax Act, 1961, making additions and disallowances aggregating to Rs. 73,99,742.

Aggrieved by the assessment order, the assessee preferred an appeal before the CIT(A). However, the CIT(A), dismissed the appeal on account of a delay of 139 days in filing the appeal. 

Before the Tribunal, the assessee contended that the delay was neither deliberate nor attributable to any mala fide intention but had occurred due to bona fide and unavoidable circumstances. After considering the rival submissions and examining the material available on record, the Tribunal found that the assessee had furnished reasonable explanations for the delay and that the circumstances were bona fide and sufficient.

The Tribunal relied upon the Supreme Court's decision in Collector, Land Acquisition, Anantnag Vs Mst. Katiji Case, which emphasises that substantial justice should prevail over technical and procedural considerations, particularly while deciding applications for condonation of delay.

Accordingly, the Tribunal held that the reasons furnished by the assessee constituted sufficient cause and condoned the delay of 139 days in filing the appeal before the CIT(A).