PURAMA RAMAKRISHNA RAO,SALURU vs. INCOME TAX OFFICER, WARD-2, VIZIANAGARAM

With respect to the belated filing of the appeal, the assessee filed an affidavit dated 15/11/2024 and stated that due to ill health of the assessee, the appeal could not be filed within the stipulated time. On perusal of the reasons advanced by the assessee for not filing of the appeal within the prescribed time limit, we find that because of the assessee’s ill health the assessee was prevented to file the appeal within the prescribed time limit. In our considered view, the assessee’s reason for belated filing of the appeal constitutes a ‘sufficient and reasonable cause’ and therefore we hereby condone the delay of 40 days and proceed to adjudicate the appeal on merits.

At the outset the learned Authorized Representative (“learned AR”) submitted that the impugned penalty in this appeal emanates as a consequence of addition made by the learned Assessing Officer (“learned AO”) U/s. 69A of the Income Tax Act, 1961 (“the Act”). But, against the quantum addition the assessee preferred appeals and the Coordinate Bench of this Tribunal by order dated 25/09/2024 in (AY 2017-18) pleased to delete the addition and therefore, the penalty does not survive. He further submitted that as on the date of the order passed by the learned CIT(A) in this penalty appeal, the quantum appeal was pending before the Tribunal and therefore, the learned CIT(A) did not have the benefit of learning the result in the quantum appeal.