CHETAN TRAVELS ,BANGALORE vs. DCIT, CIRCLE-1(1)(1), BANGALORE

This is an appeal filed by the assessee against the order passed by the Addl/JCIT(A)-2, Vadodara vide order dated 12/09/2024 in DIN No. ITBA/APL/SA/250/2024-25/1068631751(1) for the assessment year 2018-19.

At the outset, it was noted that there is a delay of 3 days in filing the appeal by the assessee. The assessee filed a condonation petition along with a notarized affidavit explaining the reason for the delay.

It was submitted that the assessee was under the bona-fide impression that the tax consultant was taking care of the appeal pending before the learned CIT(A). Accordingly, the assessee inadvertently did not take notice of the order passed by the learned CIT(A), which was communicated on his email ID.

However, on receipt of a recovery notice issued by the AO vide letter dated 20.11.2024, the assessee came to know about the order passed by the learned CIT(A). Thereafter, the assessee immediately took steps and filed the appeal before the ITAT. However, in this process, a delay of 3 days occurred. In view of the above, the learned AR prayed before us to condone the delay and decide the issue on merits.

On the merits of the case, it was submitted by the learned AR that the learned CIT(A) passed an ex parte order. As per the learned AR, the assessee had shown profit on the sale of assets in the profit and loss account. But the same was adjusted in the computation of income. The effect was given in the depreciation schedule filed along with the return of income. The learned AR, in support of his contention, drew our attention to pages 35 to 47 of the paper book, where the tax audit report was placed. Accordingly, the learned AR prayed that the matter may be set aside to the file of the AO for fresh adjudication as per the provisions of law.