NEMINATH DEVELOPERS,MUMBAI vs. ITO, 42(1)(3)

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ITA 2194/MUM/2024Status: DisposedITAT Mumbai21 August 2024AY 2018-19Bench: MS PADMAVATHY S (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)1 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The CIT(A) dismissed the appeals due to unexplained delays and without adjudicating on the merits. The Tribunal, considering principles of natural justice, decided to give the assessee another opportunity.

What were the facts?

The assessee, Neminath Developers, filed a Nil income return for AY 2018-19. The AO initiated assessment proceedings under section 144 r.w.s 143(3) and penalty proceedings under section 270A. The assessee appealed to the CIT(A) against both orders but with significant delays.

What were the issues?

Whether the CIT(A) erred in dismissing the appeals solely on grounds of delay without considering the merits of the case, and whether to grant the assessee an opportunity to explain the delay and present their case.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 270A,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI SUNIL KUMAR SINGH, JM

For Appellant: Shri Ashok Kumar Ambastha
For Respondent: Shri Ashok Kumar Ambastha
Hearing: 19.08.2024Pronounced: 21.08.2024

Heard together (2 matters)

I.T.A. No. 2193/Mum/2024
I.T.A. No. 2194/Mum/2024

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

(Assessment Year: 2018-19) Neminath Developers ITO-42(1(3) 2/B, Gangar House, S.V. Road, Kautilya Bhavan Income Tax Borivali West, Mumbai-400092. Office, G Block BKC, PAN : AAAFN5462B Vs. Bandra Kurla Complex, Bandra East, Near Videsh Bhawan, Mumbai-400051. Appellant) : Respondent) Appellant/Assessee by : None Revenue/Respondent by : Shri Ashok Kumar Ambastha, Sr. DR Date of Hearing : 19.08.2024 Date of Pronouncement 21.08.2024 : O R D E R Per Padmavathy S, AM: These appeals by the assessee are against the orders of the Commissioner of Income Tax (Appeals) / National Faceless Appeal Centre, Delhi [for short 'the CIT(A)'] both dated 27.02.2024 for Assessment Year (AY) 2018-19 passed against the order of the Assessing Officer (AO) under section 143(3) and 270A of the Income Tax Act, 1961 (the Act).

2.

The assessee is a firm and filed the return of income for AY 2018-19 on 27.08.2018 declaring an income of Nil. The return was selected for limited scrutiny for verification of investments in immovable property. During the year under consideration the assessee has purchased property for Rs. 23,00,000/- whereas the AO noticed that the stamp duty value of the said property was Rs. 2,83,23,680/-. The AO issued several notices to the assessee calling for details pertaining to the impugned transactions. However, the assessee did not respond to the notices and did not file any details. Therefore, the AO completed the assessment under section 144 r.w.s 143(3) where he made an addition of Rs. 2,60,23,680/- being the difference between the purchase value and the stamp duty value. The AO also initiated penalty proceeding under section 270A of the Act wherein he levied a penalty of Rs. 1,80,12,550/-. The assessee filed further appeal before the CIT(A) against both the orders of the AO. There was a delay of 336 days in filing the appeal before the CIT(A) against the order of the AO passed under section 144 r.w.s 143(3) of the Act. There was a delay of 311 days in filing the appeal before the CIT(A) against the order of the AO under section 270A of the Act. The CIT(A) did not condone the delay for the reason that the assessee has not substantiated the reason for the undue delay in filing the appeal before him. Accordingly, the CIT(A) dismissed both the appeals without going into the merits of the issue.

3.

The ld. AR submitted that the partners of the assessee firm were having some personal issues due to which they could not represent the case before the lower authorities. Accordingly, the ld. AR prayed for one more opportunity to represent the case before the lower authorities.

& 2194/Mum/2024 Neminath Developers 4. We heard the parties and perused the material on record. The assessee filed the appeal before the CIT(A) with a delay of 336 days and 311 days against the order under section 143(3) and under section 270A respectively. We notice that the assessee has submitted before the CIT(A) that there was an FIR lodged against the partner and that the parents of one of the partners was not well as reasons for delay in filing the appeal. However, we notice that the assessee has not submitted any documentary evidences or affidavit to support the reasons for delay in filing the appeal. We also notice that the CIT(A) did not condone the delay since the assessee did not substantiate the reason for the undue delay in filing the appeal and that the CIT(A) did not consider the issue of merits. Considering these facts in the interest of natural justice and fair play, we are inclined to give one more opportunity to the assessee. Therefore, we remit the appeal to the CIT(A) for a denovo consideration including condonation of delay in filing the appeal in accordance with law. The assessee is directed to file proper supporting documents to substantiate the reasons for the delay in filing the appeal and also to file necessary documents for adjudication of the impugned issue on merits. It is ordered accordingly.

5.

In the result, the appeals of the assessee are allowed for statistical purposes.

Order pronounced in the open court on 21-08-2024.

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