THE CONGREGATION OF THE SISTERS OF THE CROSS OF CHAVANOD,TIRUCHIRAPALLI vs. ACIT, CPC-TDS , GHAZIABAD

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ITA 73/CHNY/2024Status: DisposedITAT Chennai16 April 2024AY 2015-16Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)3 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 condoned the delay in filing the appeals before it, but upheld the decision of the CIT(A) to dismiss the appeals due to the inordinate delay in filing the first appeals. The assessee failed to provide sufficient cause for the delay.

What were the facts?

The assessee filed appeals against the levy of fees under Section 234E for late filing of TDS returns. The appeals were filed with an inordinate delay of 6 to 8 years.

What were the issues?

Whether the delay in filing the first appeals before the CIT(A) should be condoned. Whether the levy of fees under Section 234E for late filing of TDS returns is justified.

Which sections of the Income-tax Act were involved?

Section 234E

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

Heard together (3 matters)

ITA No.71/Chny/2024
ITA No.72/Chny/2024
ITA No.73/Chny/2024

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

आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद3 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद3 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2013-14) & आयकरअपील सं./ ITA No.72/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2014-15) & आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2015-16) The Congregation of the sisters of ACIT- CPC TDS the cross of Chavanod Ghaziabad बनाम/ Vs. Holy Cross Provinciliate, Puthur, Tiruchirapalli-620 017. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAATT-4867-G (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri K. Meenakshi Sundaram (ITP) - Ld .AR � थ�कीओरसे/Respondent by : Shri R. Clement Ramesh Kumar (CIT)-Ld. DR सुनवाई की तारीख/Date of Hearing : 16-04-2024 घोषणा की तारीख /Date of Pronouncement : 16-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aggrieved by levy of fees u/s 234E for captioned years, the assessee is in further appeal before us. This fee is levied at prescribed rates for late filing of quarterly TDS returns. The first appellate authority has dismissed the appeals for want of condonation of inordinate delay of more than 6 to 8 years.

2.

The Registry has noted delay of 116 days in the appeals, the condonation of which has been sought by Ld. AR on the strength of affidavit of Head of assessee-institution. Considering the contents of the affidavit as well as considering the nature of assessee-institution, the delay is condoned and the appeals are admitted for adjudication. 3. Admittedly, the quarterly TDS returns were filed with a delay and accordingly, impugned fees has been levied on assessee u/s 234E. The assessee preferred further appeal against the same with inordinate delay of 8 years for AY 2013-14, 7 years for AY 2014-15 and 6 years for AY 2015-16. The Ld. CIT(A) did not admit the appeal for want of condonation of inordinate delay. Aggrieved, the assessee is in further appeal before us. 4. During hearing, nothing could be shown to us that would explain inordinate delay in filing the first appeals. The Ld. CIT(A) has dealt with the issue of limitation in a very exhaustive manner in the impugned order. To seek condonation of inordinate delay, it was incumbent on the assessee to show sufficient cause for late filing of the appeals. However, the assessee could not demonstrate any sufficient cause for late filing of the appeals. Similar is the position before us wherein no new material could be adduced by the assessee in support of its submissions. Therefore, the appeal has rightly been dismissed by Ld. CIT(A) and we see no reason to interfere in the same. Accordingly, the appeal stands dismissed.

5.

All the appeals stands dismissed. Order pronounced on 16th April, 2024.

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