M/S. RAMANI TIMBER CORPORATION,,TRICHY vs. ACIT, CIRCLE - 3 (1),, TRICHY

आयकर अपील सं./ITA No.: 125/CHNY/2020 िनधा�रण वष� /Assessment Year: 2012-13 M/s. Ramani Timber The ACIT, Corporation, v. Circle -3(1), No.3/132-A, Thanjavur Road, Trichy. Opp to UDC Kattur, Trichy – 620 019. PAN : AAEFR 9407J (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/Appellant by : None ��यथ� क� ओर से/Respondent by : Shri B. Sajive, JCIT सुनवाई क� तार�ख/Date of Hearing : 09.11.2021 घोषणा क� तार�ख/Date of Pronouncement : 09.11.2021 आदेश /O R D E R This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-1, Trichy, in vide order dated 16.09.2019. The Assessment was framed by ACIT, Circle-3(1), Trichy for the assessment year 2012-13 vide order dated 31.12.2018 U/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter ‘the Act’).

2 3. This appeal by the assessee is delayed by 37 days and reasons stated in affidavit along with condonation petition was that Managing Partner of the firm went to Gujarat to meet his relatives for a family function in Kutch region. Since the Patidhar agitation broke out paralyzing movement of trains, the Managing Partner could not return to Trichy city in time and appeal could not be filed. It was requested that the delay of 37 days be condoned as there was a reasonable cause. When these facts were confronted to the ld.senior Department Representative, he could not controvert the above facts. Seeing the reasons, I find that there is a reasonable cause for delay in filing the appeal and hence, I condone the delay and admit the appeal.

3.7 It is seen that assessee has taken a rhetorical and an argumentative stand and does not directly comment on failure to produce cash flow or to show that cash introduced in the firm was 3 the same as was received by partners from their relatives in form of gift. As source of introduction of capital in the firm is not proved, the action of the AO to add the same to the income of firm as unexplained cash credit cannot be faulted.” 5. When these facts were confronted to ld. senior Department Representative, he stated that matter can be referred back to the file of the CIT(A) for allowing one more opportunity to the assessee and for passing a speaking order by the CIT(A).