VIJAYKUMAR SHREEVISHNU TOSHNIWAL,AKOLA vs. ITO WARD-3, AKOLA
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Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR
Before: SHRI V. DURGA RAO & SHRI K.M. ROY, ACCOUNTANT, MEMBER
IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR
BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER
ITA no.313/Nag./2024 (Assessment Year : 2016–17) Vijaykumar Shreevishnu Toshniwal Akanksha Banglow, Mahesh Colony ……………. Appellant Behind Dental College, Gourakshan Road Akola 444 004 PAN – AAAHV6077N v/s Income Tax Officer ……………. Respondent Ward–3, Akola Assessee by : Shri Kishore P. Dewani Revenue by : Shri Abhay Y. Marathe
Date of Hearing – 03/12/2024 Date of Order – 20/12/2024
O R D E R PER V. DURGA RAO, J.M.
Captioned appeal by the assessee against the impugned order dated 21/03/2024, passed by the learned Commissioner of Income Tax (Appeals), [“learned CIT(A)”], for the assessment year 2016–17.
In its appeal, the assessee has raised following grounds:–
“1. The order passed by Commissioner of Income Tax (Appeals), National Faceless Appeal Centre u/s 250 of I.T. Act 1961 is illegal, invalid and bad in law. 2. The learned CIT(A) erred in refusing to condone the delay even though sufficient cause for delay was placed on record. 3. The learned CIT(A) ought to have condoned the delay considering facts and evidence on record and adjudicated the appeal on merits.
2 Vijaykumar Shreevishnu Toshniwal ITA no.314/Nag./2024
The order passed by CIT(A) is without providing reasonable opportunity of being heard and is in violation of principles of natural justice. No video conferencing is allowed even though specific request was made in written submission uploaded on 12/02/2024. 5. The order imposing penalty u/s 271B of I.T. Act 1961 at Rs.60,080/- is unjustified, unwarranted and bad in law. 6. The learned A.O. erred in imposing penalty u/s 271B of I.T. Act 1961 at Rs.60,080/- without there being any business receipt of Rs. 1,20,16,000/-. 7. The levy of penalty u/s 271B at Rs.60,080/- is unjustified, unwarranted and excessive.
When this appeal was taken up for hearing, the learned Counsel for the assessee submitted that the learned CIT(A) has dismissed the assessee’s appeal on the ground that there is delay in filing the appeal before him. He, therefore, prayed that the appeal may be restored to the file of the learned CIT(A) for adjudication of the issues raised on merit and in accordance with law and to enable the assessee to substantiate its case.
The learned Departmental Representative relied on the order of the authorities below.
We have heard the rival arguments, perused the material available on record and gone through the orders of the authorities below. In this case, we find that there is a delay in filing the appeal before the learned CIT(A) and the assessee has not furnished Affidavit explaining the delay before the learned CIT(A) and resultantly the learned CIT(A) was justified in dismissing the belated appeal filed by the assessee. However, in the interest of justice and also by following the principles of natural justice, we are of the opinion that the assessee deserves one opportunity to establish its case before the learned CIT(A). Consequently, we set aside the impugned order passed by the
3 Vijaykumar Shreevishnu Toshniwal ITA no.314/Nag./2024 learned CIT(A) and restore the entire matter to his file for denovo adjudication on merit and in accordance with law. The assessee is also directed to file Affidavit explaining the delay in filing the appeal before the learned CIT(A) by adducing proper evidence. Needless to say that the learned CIT(A) shall provide reasonable opportunity of being heard to the assessee before adjudication of issues on merit.
In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 20/12/2024
Sd/- Sd/- K.M. ROY V. DURGA RAO ACCOUNTANT MEMBER JUDICIAL MEMBER NAGPUR, DATED: 20/12/2024 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur
