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Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW
Before: SHRI A.D JAIN & SHRI T.S. KAPOOR
This is assessee’s appeal for Assessment Year 2010-11 against the order of the ld. CIT(A)-III, Lucknow dated 20.09.2017. 2. The assessee’s appeal is delayed by one thousand one hundred twenty eight days. An application for condonation of delay has been filed, accompanied by an affidavit of the assessee. The contents of the application for condonation of delay are as under:
That the order of Ld. CIT (Appeals)-III, Lucknow Dt. 27.09.2017 was received by the assesses on 29.09.2017 and hence the original period of limitation to file the appeal before the Hon'ble ITAT was available till 29.11.2017.
That the quantum appeal of assessee was filed before the Hon'ble ITAT on 16.06.2015 for the same assessment year i.e. A.Y. 2010-11 vide ITA No. 388/LKW/2015.
3. That the said quantum appeal was decided by the Hon'ble ITAT vide order dt. 15.01.2016 and the appeal was set-aside by Hon'ble ITAT before the Ld. Assessing officer for fresh decision, Against which AO passed the order u/s 254/250/153A/143(3) dt. 29/12/2016, aggrieved by which assessee filed appeal before first appellate authority which is pending for adjudication.
That on 28.03.2016 the Ld. Asstt, Commissioner of Income Tax Central Circle-11, Lucknow passed the order of Penalty U/s 271(l)(c) of the Income Tax Act. And imposed the penalty of Rs. 4,00,000/-.
That the penalty order U/s 271(l)(c) dt. 28.03.2016 was challenged before the Ld. Commissioner of Income Tax (Appeals)-III, Lucknow and the appeal was decided by the Ld. C1T(A)-II vide order Dt. 20.09.2017 and confirming the penalty of Rs.4,00,000/-. REASON 6. That appeal against the assessment order was originally filed before Ist appellate authority on 23.04.2013 which was dismissed vide order dated 03.11.2014, thereafter, Appellant filed appeal before Hon'ble ITAT on 16.06.2015. Hon'ble ITAT has set-aside the case, vide order dated 15.01.2016. At present such set-aside matter is pending before the Ld. CIT (A). During course of hearing CIT (A) sent matter relating to Valuation of property situated at C-8/66, Jankipuram Extension, Lucknow to Assessing Officer in Remand which is still at present pending. Therefore, assessee due to oversight' could not comply penalty order passed by Ld. CIT(A) due to pendency of appeal on quantum before Ld. CIT(A). The Appellant was under bonafide belief that he has to first file against quantum of appeal before second appellate authority, therefore, penalty order passed by CIT(A) was not assailed.
There is no malafide in the assessee not preferring the appeal within the prescribed period of limitation and accordingly it is prayed that the delay of 1128 days may kindly be condoned in the interest of justice and the appeal be heard on merits.”
In view of the above contents of the application for condonation of delay, duly supported by affidavit of the assessee, it is seen that the assessee was prevented by sufficient cause from filing the appeal in time. Ld. DR also did not raise any objection against condonation of delay. Accordingly, the delay is one thousand one hundred twenty eight days in filing the appeal is condoned.