MR. R. PRAKASH,SALEM vs. DCIT, GHAZIABAD

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ITA 3016/CHNY/2016Status: DisposedITAT Chennai08 December 2016AY 2013-143 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 Tribunal condoned the delay of 340 days, holding that there was a reasonable cause for the delay. The appeals were restored to the file of the CIT(Appeals) for a decision on merits.

What were the facts?

The assessee filed appeals before the CIT(Appeals) with a delay of 340 days. The delay was attributed to the sudden departure of the accountant and confusion regarding the maintainability of the appeal.

What were the issues?

Whether the delay in filing the appeal before the CIT(Appeals) was justifiable and whether the fee levied under Section 234E was applicable prior to June 1, 2015.

Which sections of the Income-tax Act were involved?

Section 200A,Section 234E

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI D.S. SUNDER SINGH

Hearing: 08.12.2016Pronounced: 08.12.2016

Shri R. Prakash, The Deputy Commissioner of Prop. Indiana Minerals, v. Income Tax, Rukmani Ashram, Centralizing Processing Cell-TDS, Hasthampatti, Vaishali, Salem – 636 007. Ghaziabad PAN:AABHR6621R (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/Appellant by : Shri V.S. Jayakumar, Advocate ��यथ� क� ओर से/Respondent by : Shri R. Duraipandian, Sr.AR सुनवाई क� तारीख/Date of Hearing : 08.12.2016 घोषणा क� तारीख/Date of Pronouncement : 08.12.2016 आदेश आदेश /O R D E R आदेश आदेश PER N.R.S. GANESAN, JUDICIAL MEMBER: All the three appeals of the assessee are directed against the order of Commissioner of Income Tax (Appeals) dated 23.08.2016 refusing to condone the delay of 340 days in filing the appeals. Since common issues arise for consideration in all the three appeals, we heard the same together and disposing the same by a common order.

2.

Shri V. S. Jayakumar, Ld. Counsel for the assessee has submitted that the assessee was under the bonafide impression that the appeal was not maintainable before CIT (Appeals) and a writ petition has to be filed before the High Court. However, subsequently the assessee was advised to file appeal since the intimation under Section 200A is an appealable order. Accordingly the appeal was filed before CIT (Appeals). The Ld. Counsel has further submitted that the appellant’s accountant left the service all of a sudden and therefore the appeal could not be filed in time. Hence there was a delay of 340 days in filing the appeal before CIT (Appeals). Referring to the order of this Tribunal in Smt. G. Indhirani v. The Deputy Commissioner of Income Tax, & 1021/Mds/2015, the Ld. Counsel submitted that the fee levied under Section 234E of the Income Tax Act, 1961 (in short “the Act”) cannot be levied prior to 01.06.2015. Since the issue is covered in favour of the assessee on merit, the Ld. Counsel has submitted that the delay of 340 days in filing the appeal may be condoned and the appeal of the assessee may be remitted back to the file of the CIT (Appeals) for reconsideration.

3.

We heard Shri R. Duraipandian, Ld. Departmental Representative also. Shri R. Duraipandian, Ld. Departmental Representative very fairly stated that the CIT (Appeals) has not considered the appeal on merit. Therefore that matter may be remitted back to the file of the CIT (Appeals).

4.

We have considered rival submissions on either side and also perused the material available on record. Admittedly, there was a delay of 340 days in filing the appeals before CIT (Appeals). It is not in dispute that the appellant’s accountant left service all of sudden. There was also a confusion with regard to maintainable of appeal before CIT (Appeals) against the intimation issued under Section 200A. In view of these facts, this Tribunal is of the considered opinion that there was a reasonable cause on the part of the assessee in not filing the appeals before the CIT (Appeals) within the prescribed period. Accordingly, the delay of 340 days in filing the appeals before CIT (Appeals) is hereby condoned. Now all the three appeals of the assessee stands restored on the file of the CIT (Appeals). CIT (Appeals) is hereby directed to consider the appeals of the assessee on merit and decide the same in accordance with law after giving a reasonable opportunity to the assessee.

5.

In the result all the three appeals of the assessee are allowed for statistical purpose.

Order pronounced in the open court on 8th December, 2016 at Chennai.

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