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The Tax Publishers2020 TaxPub(DT) 1715 (Ker-HC) : (2020) 271 TAXMAN 0072 INCOME TAX ACT, 1961
Section 251
Where CIT(A) dismissed appeal and stay application holding that appeal was defective and defects were not cured, assessee was directed to file additional memorandum of grounds of appeal as well as stay petition before CIT(A), who in turn was to consider the same and pass order on stay petition.
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Appeal (CIT(A) - CIT(A) dismissed appeal holding that appeal was defective and defects were not cured - Assessee directed to file additional grounds, which were to be treated as continuation of appeal by CIT(A) -
Assessee was a registered primary agricultural credit society. Aggrieved by an order passed by AO under section 271B, assessee filed appeal and stay petition before CIT(A). CIT(A) dismissed appeal holding that appeal was defective and defects were not cured. Held: Assessee was directed to file additional memorandum of grounds of appeal as well as stay petition before CIT(A), who in turn was ordered to treat those additional grounds as part and continuation of appeal and stay application already filed and pass order on stay application without much delay.
Followed:Vattiyoorkavu Service Co-operative Bank Ltd. v. ITO [WP (C) No. 34119 of 2019 (L), dt. 7-1-2019]
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE KERLA HIGH COURT
ALEXANDER THOMAS, J.
Chirayinkeezhu Service Co-operative Bank Ltd. v. ITO
W.P. (C) No. 2856 of 2020
3 February, 2020
Petitioner by: T.R. Harikumar and Arjun Raghavan, Advocates
Respondent by: Christopher Abraham
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