MM351 AALIPATTY PACLS,TRICHY vs. ITO, WARD-1(1), TRICHY

The assessee is an association of persons. The A.O received information that the assessee has deposited cash to the tune of Rs.1,15,12,696/- and therefore, issued a show cause notice u/s.148A(b) of the Act. Subsequently, the A.O passed an order u/s. 148A(d) of the Act and

There is a delay of 58 days in filing the appeal before the Tribunal. The assessee has filed condonation petition/affidavit stating the reasons for delay in filing the appeal. Having heard both the parties and perused the material on record, we are of the view that there is a reasonable and sufficient cause for the delay in filing the appeal before the Tribunal. Therefore following the Hon’ble Supreme Court decision in the case of Collector, Land Acquisition Vs. MST.Katiji & Ors., (167 ITR 471) (SC), we condone the delay in filing the appeal and admit the appeal for adjudication.

We have heard the parties, and perused the material available on record. The Ld. Authorized Representative (AR) of the assessee submitted that the assessee being a credit cooperative society the office bearers and employees or rural residents who have very limited familiarity with faceless and electronic regime of income tax proceedings. The Ld. AR further submitted that that the tax consultant did not handle the assessment/appellate proceedings properly and hence the delay. The Ld. AR accordingly prayed that one more opportunity may be given. Considering the facts and circumstances peculiar to assessee's case, we are inclined to give one more opportunity to the assessee to substantiate the claim by producing the required

Further, we also levy a cost of Rs.15,000/- (Fifteen thousand only) in the appeal since considerable time and efforts have been spent by the Exchequer and for the reason that the assessee being delinquent before the lower authorities. The same shall be paid by the assessee to Tamil Nadu State Legal Services Authority at Hon’ble High Court of Madras within a period of one month from the date of receipt of this order and produce the receipt before the A.O.

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