SUBHASH M. PAWAR,MUMBAI vs. ACIT - 20(3), MUMBAI

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ITA 3961/MUM/2017Status: DisposedITAT Mumbai16 August 2019AY 2011-123 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 noted the assessee's non-appearance and failure to explain the delay. Consequently, the appeal was considered defective and could not be admitted for adjudication on merits.

What were the facts?

The assessee filed an appeal before the ITAT with a delay of four days. The assessee failed to appear for hearings and did not provide any explanation for the delay despite a defect notice.

What were the issues?

The primary issue was the validity of the re-opening of assessment and the addition made as perquisite. However, the appeal was dismissed due to procedural defects, specifically the delay in filing and lack of explanation.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN,

For Respondent: Shri Nitin Waghmode

Date of Hearing – 06.08.2019 Date of Order – 16.08.2019

O R D E R PER SAKTIJIT DEY. J.M.

Captioned appeal by the assessee arises out of order dated 14th March 2017, passed by the learned Commissioner of Income Tax (Appeals)–32, Mumbai, for the assessment year 2011–12.

2.

In ground no.1, the assessee has challenged the validity of re– opening of assessment under section 147 of the Income Tax Act, 1961 (for short "the Act"). Whereas, in ground no.2 the assessee has 2 Shri Subhash M. Pawar challenged the addition of ` 6,30,228, as perquisite under section 17(2) r/w rule 3(7)(i).

3.

When the appeal was called for hearing, no one was present on behalf of the assessee. On perusal of the order sheet entries, it it is noticed, on several occasions when the appeal was fixed for hearing earlier, the assessee did not appear in spite of the issuance of hearing notices through registered post with A/D. In the aforesaid view of the matter, we are of the opinion that the assessee is not interested in pursuing its appeal. Accordingly, we proceed to dispose of the appeal ex–parte qua the assessee after hearing the learned Departmental Representative and on the basis of material on record.

4.

As could be seen from the record, there is a delay of four days in filing the present appeal. In spite of issuance of a defect notice by registry to explain the delay, the assessee has not cared to file any application or affidavit explaining the cause of delay. At least, on a careful perusal of record, we have not come across any such application filed by the assessee explaining the cause of delay. Therefore, the defects pointed out by the Registry still exist. That being the case, the appeal filed by the assessee being defective cannot be admitted for adjudication on merit and has to be dismissed in limine. Accordingly, we do so.

3 Shri Subhash M. Pawar

5.

In the result, assessee’s appeal is dismissed. Order pronounced in the open Court on 16.08.2019

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