ANDHRA PRADESH GRAMEENA BANK, KADAPA,KADAPA vs. JCIT, RANGE-2, TIRUPATHI, TIRUPATHI

ITA 1086/HYD/2016Status: DisposedITAT Hyderabad29 June 2018AY 2011-1213 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the reasons provided by the assessee for the delay were vague and did not constitute 'sufficient cause' or 'reasonable cause'. The Tribunal emphasized that filing an appeal is a statutory right that is lost after the period of limitation expires without sufficient cause.

What were the facts?

The assessee, a cooperative bank, filed an appeal with a significant delay of 178 days against a penalty order. The bank cited reasons such as misplacement of the order, changes in authorized signatories, and staff transfers for the delay.

What were the issues?

The primary issue was whether the delay in filing the appeal by the assessee was justifiable due to 'sufficient cause' to warrant condonation. A secondary issue involved the validity of penalty proceedings under Section 271(1)(c) due to alleged non-specification of charges.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

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Income Tax Appellate Tribunal, HYDERABAD BENCH “A”, HYDERABAD

Before: SHRI D. MANMOHAN & SHRI B. RAMAKOTAIAH

For Appellant: Shri G. Seshachalam
For Respondent: Shri Pathlevath Peerya

PER D. MANMOHAN, VICE PRESIDENT:

This is an appeal filed at the instance of the assessee, a cooperative society. Penalty levied by the A.O u/s 271(1)(c) of the IT Act @ 150% of the amount sought to be evaded by reason of furnishing of inaccurate particulars, was confirmed by the CIT(A) and thus the assessee preferred an appeal along with an affidavit for condonation of delay of 178 days. In the affidavit filed along with Form- 36, the Chairman and Chief Managing Director of the assessee bank deposed as under: “Our appeal against the levy of penalty u/s 271(1)(c) of the IT Act, for the A.Y 2011-12 was filed before the CIT(A), Kurnool on 20.08.2014 and was duly disposed off and a certified copy of the appellate order was also served o

The order continues below.

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