CHERUKURI VEERRAJU SUBBALAKSHMI GARDENS,RAJAHMUNDRY vs. INCOME TAX OFFICER, WARD-2(1), RAJAHMUNDRY

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ITA 51/VIZ/2024Status: DisposedITAT Visakhapatnam22 March 2024AY 2017-18Bench: SHRI DUVVURU RL REDDY, HON’BLE (Judicial Member)5 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee failed to establish a reasonable cause for the significant delay of 303 days in filing the appeal. The explanation provided regarding the Chartered Accountant's failure to inform about the order was not supported by an affidavit and lacked a valid reason.

What were the facts?

The assessee filed a return declaring business income and nil income from other sources after adjusting interest paid against interest receipts. The CPC processed the return by considering interest receipts as income and disallowed the deduction for interest paid. The CIT(A) dismissed the assessee's appeal ex-parte for non-prosecution.

What were the issues?

Whether the delay of 303 days in filing the appeal can be condoned due to the alleged non-communication by the Chartered Accountant. Whether the CIT(A) was justified in dismissing the appeal ex-parte without discussing the merits.

Which sections of the Income-tax Act were involved?

Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM “SMC” BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU RL REDDY, HON’BLE

Hearing: 20.03.2024Pronounced: 22.03.2024

अपीलधथी की ओर से/ Appellant by : Smt.A.Aruna, AR प्रत्यधथी की ओर से / Respondent by : Dr.Aparna Villuri, DR सुनवधई की तधरीख / Date of Hearing : 20.03.2024 घोर्णध की तधरीख/Date of Pronouncement : 22.03.2024 आदेश /O R D E R

Per Shri Duvvuru RL Reddy, Judicial Member :

1.

This appeal is filed by the assessee against the order of Commissioner of Income Tax (Appeals) [CIT(A)], National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No. ITBA/NFAC/S/250/2023-24/1049821492(1) dated 16.02.2023, arising out of order passed u/s 143(1) of the Income Tax Act, 1961 (in short ‘Act’) dated 29.01.2019 for the Assessment Year (A.Y.) 2017-18. Cherukuri Veerraju Subbalakshmi Gardens, Rajahmundry

2.

Brief facts of the case are that the assessee filed return of income declaring business income at Rs.12,24,041/- and income from other sources at Nil. The income from other sources is arrived after deducting interest paid of Rs.24,18,815/- from interest receipts of Rs.24,18,815/-. The CPC while processing the return considered the interest receipts of Rs.24,37,839/- as per 26AS and not allowed any deduction for interest paid.

3.

Aggrieved, the assessee preferred an appeal before the CIT(A) and the Ld.CIT(A) dismissed the appeal of the assessee ex-parte for non prosecution of the appeal. 4. Aggrieved, the assessee preferred an appeal before the Tribunal with the delay of 303 days by raising the following grounds of appeal :

1. The order of the learned Commissioner of Income Tax (Appeals) is contrary to the facts and also the law applicable to the facts of the case.

2. The learned Commissioner of Income Tax (Appeals) is not justified in deciding the appeal ex-parte without discussing the merits of the case.

3. The learned Commissioner of Income Tax (Appeals) ought to have held that the CPC is not justified in making adjustment of Rs.24,37,874 under the head ‘income from other sources’ by not granting deduction towards interest paid by the appellant.

4. Any other grounds may be urged at the time of hearing.

Cherukuri Veerraju Subbalakshmi Gardens, Rajahmundry

5.

At the outset, the assessee filed petition for condonation of delay and submitted that the appeal was filed belatedly since the appeal was migrated to National Faceless Assessment Centre and from then the hearing notices were issued electronically. The email account was registered by the Chartered Accountant at the time of filing the return of income of the assessee and the partners were not aware of the login details of the email account. As such they were not aware of the notices. Even the Chartered Accountant did not inform the assessee about the notices and hence the assessee could not respond. The Ld.CIT(A) dismissed the appeal ex-parte on 16.02.2023 and the assessee was not aware of the order for the very same reasons. Therefore, the assessee could not file appeal within time. He pleaded to condone the delay of 303 days and admit the appeal for hearing.

6.

On the other hand, the Ld.DR submitted that the department has issued notices to the assessee electronically and once notice is issued it should be treated as notice deemed to have been served on the assessee and also the assessee has not responded even before the Ld.CIT(A) and even after passing the order by the Ld.CIT(A), it has not taken any steps to prefer further appeal before ITAT for about one year. Therefore, the explanation given by the assessee is not sufficient to condone the huge Cherukuri Veerraju Subbalakshmi Gardens, Rajahmundry delay of 303 days. The Ld.DR, therefore, pleaded to dismiss the appeal of the assessee in-limine. 7. I have heard both the parties and perused the material available on record. It is an undisputed fact that the appeal was filed with the huge delay of 303 days and the only contention of the assessee is that the Chartered Accountant of the assessee firm has not informed about the order passed by the Ld.CIT(A). Therefore, the assessee firm has not filed appeal within time. The assessee has not filed affidavit from the Chartered Accountant to establish the fact that he has not informed the assessee about the order passed by the Ld.CIT(A) and also the assessee has not given any valid reason why the Chartered Accountant has not informed about the order passed by the Ld.CIT(A) on 16.02.2023. Apart from this, even before the Ld.CIT(A), the assessee has not appeared inspite of various notices issued by the Ld.CIT(A). Considering the above facts and circumstances of the case, I am of the firm view that the assessee has not established reasonable cause to condone the delay. Hence, the appeal is liable to be dismissed. Accordingly, the grounds raised

by the assessee are dismissed in-limine. 8. In the result, appeal of the assessee is dismissed. Cherukuri Veerraju Subbalakshmi Gardens, Rajahmundry

Order pronounced in the open court on 22nd March, 2024. (दुव्वूरु आर.एल रेड्डी) (DUVVURU RL REDDY) न्याधयक सदस्य/JUDICIAL MEMBER Dated : 22.03.2024 L.Rama, SPS

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