SHRI PAWAN MUNDRA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA
What did the Tribunal hold?
The Tribunal condoned the delay of 344 days, finding that the assessee had made out a case of reasonable cause for the delay. The matter was remanded back to the CIT(A) for deciding the appeal on merits.
What were the facts?
The assessee filed an appeal before the CIT(A) with a delay of 344 days. The delay was attributed to the penalty order being sent to the assessee's residential address instead of the office address provided in the return of income, leading to non-receipt of the order.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) was sufficiently explained and ought to be condoned. Whether the appeal should be decided on merits after condoning the delay.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES “A”, JAIPUR
Before: SHRI RAMESH C SHARMA, AM & SHRI VIJAY PAL RAO, JM vk;dj vihy la-@ITA No. 911/JP/2018
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES “A”, JAIPUR Jh jes'k lh 'kekZ] ys[kk lnL; ,oa Jh fot; iky jko] U;kf;d lnL; ds le{k BEFORE: SHRI RAMESH C SHARMA, AM & SHRI VIJAY PAL RAO, JM vk;dj vihy la-@ITA No. 911/JP/2018 fu/kZkj.k o"kZ@Assessment Year :2012-13 cuke Pawan Mundra, D.C.I.T., Vs. 524-A, Talwandi, Central Circle, Kota. Kota. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ADGPM 6757 R vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Ms. Nimisha Meghwani (CA) jktLo dh vksj ls@ Revenue by : Shri J.C. Kulhari (JCIT) lquokbZ dh rkjh[k@ Date of Hearing : 22/01/2019 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 25/01/2018 vkns'k@ ORDER PER: VIJAY PAL RAO, J.M.
This appeal by the assessee is directed against the order dated 14/05/2018 of ld. CIT(A)-4, Jaipur for the A.Y. 2012-13. The assessee has raised following grounds of appeal: “1. That under the facts and circumstances of the case, the Hon’ble CIT(A) erred in not condoning the delay of 344 days.
2. That without prejudice to GOA-1 above the Hon’ble CIT(A) erred in not deciding the other grounds of appeal on merits.
3. That under the facts and circumstances of the case the appellant assessee requests your Honours to quash the order and delete the penalty of Rs. 1,44,980/-
ITA 911/JP/2018_ 2 Pawan Mundra Vs. DCIT
4. That the appellant craves leave to add, alter, amend, modify and/or otherwise substitute any of the foregoing grounds as and when required.”
The ground No. 1 of the appeal is regarding decline of ld. CIT(A) to condone the delay of 344 days in filing the appeal.
Before us, the ld AR of the assessee has submitted that the delay in filing the appeal before the ld. CIT(A) was due to the reason that the penalty order passed U/s 271(1)(c) of the Income Tax Act, 1961 (in short the Act) was sent by the Assessing Officer at the residential address of the assessee instead of current address given by the assessee in the return of income. The ld AR has referred to the return of income wherein the assessee has given office address for communication whereas the Assessing Officer sent the impugned order at a different address which was not brought to the notice of the assessee as either the said order was received by a some lady in house or by servant who forgotten to handover to the assessee. Therefore, only when the assessee received a notice U/s 279(1) of the act he has verified through his authorized representative about the order passed U/s 271(1)(c) of the Act and then filed the appeal before the ld. CIT(A). The ld AR has referred to the affidavit filed by the assessee before the ld. CIT(A) and submitted that once the assessee has explained the reasons for delay in filing the appeal then the appeal of the assessee ought to have decided on merits instead
ITA 911/JP/2018_ 3 Pawan Mundra Vs. DCIT of dismissing the same in limine. Thus, the ld AR has submitted that the delay in filing the appeal before the ld. CIT(A) may be condoned and the matter may be remitted back to the record of the ld. CIT(A) for deciding the same on merits.
On the other hand, the ld DR has objected to the condonation of delay and submitted that the ld. CIT(A) has considered the reasons explained by the assessee for delay. However, it was found that the assessee has failed to explain the reasonable cause for not filing the appeal within the period of limitation.
We have considered the rival submissions as well as relevant material on record. The reasons explained by the assessee in the affidavit filed before the ld. CIT(A) are that the assessee furnished the address in the return of income at “C-150, Indraprasth Ind. Area, Kota, Rajasthan” whereas the Assessing Officer has given the address of the assessee in the assessment order as well as the order passed U/s 271(1)(c) of the Act as “524-A, Talwandi, Kota. The assessee has explained that the Assessing Officer has given the address in the assessment order as well as in the impugned order which is the residential address of the assessee whereas the assessee has furnished the address in the return of income of its office and therefore, due to some confusion, the assessee could not ITA 911/JP/2018_ 4 Pawan Mundra Vs. DCIT receive the order passed U/s 271(1)(c) of the Act which was sent by the Assessing Officer at the residential address might be received by some lady or servant at the house and who could not handover the same to the assessee. We note that the explanation furnished by the assessee is factually correct as the address given in the return of income is “C-150, Indraprasth Industrial Area, Kota, Rajasthan” i.e. official address of the assessee whereas the Assessing Officer has given the address of the assessee which is different from the official address of the assessee. It appears that the Assessing Officer has given the address of the assessee as it is appearing in the PAN data of the assessee. Thus, the possibility of the order sent by the Assessing Officer at the residential address was not received by the assessee, cannot be ruled out. Hence, in the facts and circumstances of the case when the assessee has made out a case of reasonable cause for not filing the appeal within the period of limitation then the delay in filing the appeal ought to have condoned. Accordingly, in the facts and circumstances of the case as well as in the interest of justice, we condone the delay of 344 days in filing the appeal before the ld. CIT(A). We further note that by filing the appeal belatedly, the assessee could not have achieved any ulterior purpose and therefore, once the assessee has explained the reasonable cause, the appeal of the assessee ought to have decided on merits instead of dismissing on ITA 911/JP/2018_ 5 Pawan Mundra Vs. DCIT technical ground. Hence, we remand the matter to the record of the ld.
CIT(A) for deciding the same on merits after giving an opportunity of hearing to the assessee.
In the result, appeal of the assessee is allowed for statistical purposes only. Order pronounced in the open court on 25th January, 2019.
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