PRAGASAM S,TIRUCHIRAPALLI vs. ADIT,CPC, BANGALORE

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ITA 179/CHNY/2022Status: DisposedITAT Chennai12 May 2022AY 2013-143 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal concurred with the CIT(A)'s observation that the assessee failed to establish a sufficient cause for the inordinate delay in filing the appeals. Therefore, the appeals were rightly dismissed.

What were the facts?

The assessee filed appeals with significant delays for multiple assessment years concerning the levy of fees under Section 234E for late filing of TDS returns. The assessee claimed a bona fide impression that the fee was not leviable before a certain date.

What were the issues?

Whether the assessee had a sufficient cause for the inordinate delay in filing appeals against the levy of fees under Section 234E.

Which sections of the Income-tax Act were involved?

Section 234E,Section 249(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri ARV Sreenivasan (Addl. CIT) –Ld. DR
For Respondent: Shri ARV Sreenivasan (Addl. CIT) –Ld. DR

Heard together (3 matters)

ITA Nos.179/Chny/2022
ITA Nos.180/Chny/2022
ITA Nos.181/Chny/2022

Read from the judgment's own cause title. This page is filed under one of them.

to 181/Chny/2022 - 2 - आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

The grievance of the assessee in aforesaid appeals for various Assessment Years (AY) is common i.e., levy of Fees u/s 234E for late filing of Quarterly TDS returns. None has appeared for assessee. On the last occasions also, none appeared for assessee. Left with no option, we proceed to dispose-off the appeals on the basis of material on record. The Ld. Sr. DR pleaded for dismissal of the appeals on the ground that appeals were dismissed by first appellate authority for want of condonation of inordinate delay.

2.

The Registry has noted a delay of 125 days in the appeal, the condonation of which has been sought by the assessee. Keeping in view the fact that the impugned orders were passed during lockdown period arising out of Covid-19 Pandemic, we condone the delay and admit the appeals for adjudication on merits. 3. These appeals arises out of the separate orders passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [CIT(A)] on 17.09.2021 in the matter of demand raised by CPC (TDS) levying fees u/s 234E for late filing of quarterly TDS returns. 4. Upon perusal of impugned orders, it could be seen that the appeals were filed by the assessee with inordinate delay of more than 1100 days for AY 2013-14, more than 2100 days for AY 2014-15 and more than 1300 days for AY 2015-16. In support of condonation, the assessee submitted that it was under the bona fide impression that fee u/s 234E was not leviable prior to 01.06.2015 and the same need not be paid by the assessee. However, Ld. CIT(A) refused to admit the appeals on the to 181/Chny/2022 - 3 - ground that the assessee failed to establish sufficient cause for late filing of the appeals. The relevant observations were as under: - 3.6 In the instant case, the reason is put forward by the applicant to justify the delay is general, routine and nonchalant and is attributable more to inaction and negligence. Needless to say that this delay would have inconvenienced all the deducted as their TDS claim could not have been allowed for want of the TDS statement to be filed by the appellant. In addition to this the delay in filing of TDS statement has generated huge infructuous work for the department also as all the TDS claim of the deductees would need to be disallowed first and then allowed after filing of the statement The reasons given by the appellant do not constitute sufficient cause within the meaning of Section 249(3) of the income tax act and accordingly the appeal is rejected in limine.

The appeals for all the three years were dismissed in the same fashion. Aggrieved, the assessee is in further appeal before us.

5.

After going through the impugned orders, we concur with the aforesaid observations of Ld. CIT(A). It was incumbent on the assessee to show sufficient cause for inordinate late filing of the appeals. However, the assessee could not demonstrate any sufficient cause for late filing of the appeals. Accordingly, the appeals have rightly been dismissed by Ld. CIT(A) and we see no reason to interfere in the same.

6.

All the appeals stand dismissed. Order pronounced on 12th May, 2022.

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