DR. SIVAKUMAR MULTISPECIALITY HOSPITAL FIRM,VELLORE vs. ACIT, VELLORE, VELLORE
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee failed to establish a reasonable cause for the belated filing of the appeal. The penalty order was considered duly served via the assessee's registered email.
What were the facts?
The assessee, a hospital, filed its tax audit report after the due date. A penalty was levied for this delay. The assessee appealed to the CIT(Appeals) after a significant delay of over 17 months.
What were the issues?
Whether the delay in filing the appeal to the CIT(Appeals) can be condoned and whether the penalty order was properly served on the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGH, HON’BLE & SHRI S. R. RAGHUNATHA, HON’BLE
PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER:
This appeal by the assessee is filed against the order of the CIT (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2017-18, vide order dated 30.11.2023.
The first ground of appeal is regards to dismissing the appeal of the assessee as time barred by the CIT (Appeals) National Faceless Appeal Centre(NFAC), Delhi.
:-2-: ITA. No: 1530/Chny/2023 3. Brief facts are that, the assessee is a partnership firm carrying on the business of running a Hospital at Vellore along with in house pharmacy. During the assessment year 2017- 18, the assessee filed the return of income on 23.12.2017, along with the Audit report in Form 3CB and 3CD, after the due date for filing the Audit report as required u/s. 44AB of the Income-tax Act, 1961 (hereinafter referred to as “the Act”). Further, notice u/s. 143(2) of the Act, for delay in filing the Tax Audit report u/s. 44AB of the Act was served and scrutiny assessment was completed on 10.12.2019, which was accepted by the assessee. The penalty proceedings u/s. 271B of the Act was separately initiated by Assessing Officer and issued a show cause notice to the assessee 14.12.2019 and 24.02.2021. The reply filed by the assessee was not considered as the reasons provided for delay in filing the audit report is not acceptable and levied the penalty of Rs.1,50,000/- on 30.07.2021. The above order of penalty was sent to assessee through their registered Email ID provided in the ITBA portal. The assessee filed an appeal to the CIT (A), National Faceless Appeal Centre(NFAC), Delhi, on 14.03.2023 against the order of Penalty dated 30.07.2021, with a delay of more than 17 months.
:-3-: ITA. No: 1530/Chny/2023 4. Before us, the ld. Counsel for the assessee Shri. M. Karunakaran, Advocate argued that, the order of penalty had not been sent to the assessee’s postal address and hence the order passed had not served at all. Further, he took us through the document attached in the paper book filed at page No.3, which is outstanding demand sheet received from the ACIT, Circle-1, Vellore, Income tax department, dated 05/12/2022, does not consist of the penalty payable by the assessee as per the above order and hence, the order of penalty had not served to the assessee on the date of order. Therefore, the order of penalty should be treated as not served on assessee as per the date of order.
The Ld. DR Shri. D. Hema Bhupal, JCIT, has stated that, the order sent to the registered Email of the assessee does complete the procedure of serving the order and hence the argument of the Ld. Counsel for the assessee for having not served the penalty order cannot be accepted and the appeal of the assessee be dismissed.
We have heard the rival contentions and gone through the facts and circumstances of the case. The reasonable cause
:-4-: ITA. No: 1530/Chny/2023 for filing the appeal belatedly for more than 17 months has not been established by the assessee. On the contrary, the Ld. DR has confirmed the order of penalty, which has been sent on the date of order itself to the assessee through their registered email ID, which is sufficient for confirming the communication of order to the assessee. Therefore, we are dismissing the appeal of the assessee by upholding the orders of the CIT(A).
Since, we have adjudicated the appeal based on issue of condonation of delay in filing the appeal, we need not go into other grounds on merits.
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