SH. MLHAMMED RAMZAN C/O SHRAWAN KUMAR GUPTA ADVOCATE, 416 SURYA CHAMBER RADIO MARKET NEHRU BAZAR, JAIPUR,SIKAR vs. ITO WARD-2, SIKAR, WARD-2, SIKAR

PDF · subscribers
ITA 919/JPR/2019Status: DisposedITAT Jaipur30 June 2020AY 2010-113 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found a reasonable cause for the delay due to the assessee's absence and time taken to consult counsel. The delay was condoned, and the matter was set aside to the CIT(A) for adjudication on merits.

What were the facts?

The assessee filed an appeal before the CIT(A) with a delay of 162 days. The assessee was out of station when the assessment order was served, and upon returning, consulted his counsel, leading to the delay. The CIT(A) dismissed the appeal without condoning the delay.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) should be condoned based on the reasons provided by the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, JAIPUR BENCHES ‘A’ JAIPUR

Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 919/JP/2019

Hearing: 30/06/2020Pronounced: 30/06/2020

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES ‘A’ JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 919/JP/2019 fu/kZkj.k o"kZ@Assessment Year :2010-11 cuke Sh. Mohammed Ramzan ITO, Vs. S/o Shri Nishar Ahamed Near Ward-2, Eidgah School Kham Ji Ki Haveli, Sikar Fatehpur Shekhawati District Sikar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AIGPR5409J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Shrawan Kumar Gupta (Adv.) jktLo dh vksj ls@ Revenue by : Sh. K. C. Gupta (JCIT) lquokbZ dh rkjh[k@ Date of Hearing : 30/06/2020 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 30/06/2020 vkns'k@ ORDER PER: VIKRAM SINGH YADAV, A.M.

This is an appeal filed by the assessee against the order of ld. CIT(A)-3, Jaipur dated 04.06.2019.

2.

At the outset, the ld. AR submitted that there was a delay in filing the appeal before the ld CIT(A) and assessee’s prayer for condonation of delay has not been accepted by the ld CIT(A) and the appeal has been dismissed. It was submitted by the ld AR that in this case, the assessment order has been passed on 15.12.2017 u/s 143(3)/147, the same was served on the family member of the assessee on 26.12.2017. Hence the appeal was to be filed on or before 25.01.2018. However at the time of service of order, the assessee was out of home and travelling for some work. However, when the Sh. Mohammed Ramzan, Sikar Vs. ITO, Ward-02, Sikar assessee returned home and thereafter, after few days, when he came to know about this order, he went to the office of his Counsel. Then the Counsel told him that the time limit for filing appeal has expired but given that he has a strong case and reasonable cause for the delay, he should file appeal before the ld. CIT(A) alongwith a prayer for condonation of delay. Then the assessee has filed the appeal on 06.07.2018 with the delay of 5 months and 11 days i.e. 162 days. It was submitted that the Hon’ble Supreme Court in the case of Collector, Land & Acquisition v. Mst. Katiji & Others (1987) 167 ITR 471 (SC) has advocated for a liberal approach while considering a case for condonation of delay. The ld AR submitted that in the interest of justice, the delay so happened may be condoned and the matter may be set-aside to the file of the ld CIT(A) to decide the same on merits.

3.

Per contra, the ld DR submitted that the ld CIT(A) has decided not to condone the delay as the reasons given by the assessee are baseless and without any evidence. It was further submitted that there is a delay of 162 days which is a substantial delay and in absence of any reasonable cause shown by the assessee for the delayed filing of appeal, the ld CIT(A) has rightly dismissed the appeal filed by the assessee.

4.

Having heard both the parties and purusing the material available on record including the affidavit of the assessee placed on record, we find that there is a reasonable cause for the delay in filing the appeal due to non- availability of the assessee at his residence and time taken in consulting his Counsel. Though there is a delay, the assessee has taken steps in reaching out to his Counsel and has thus not been negligent in safeguarding his rights. No malafide can be imputed against the assessee and the delay in filing the appeal before the ld CIT(A) is hereby condoned and the matter is set aside to the file of the ld. CIT(A) to examine the matter on merits after providing 2 Sh. Mohammed Ramzan, Sikar Vs. ITO, Ward-02, Sikar reasonable opportunity to the assessee. The assessee is also directed to appear before the ld. CIT(A) and file the necessary information and documentation in support of his contentions, as so advised and ensure in timely completion of the proceedings.

In the result, appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open Court on 30/06/2020.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →