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Income Tax Appellate Tribunal, DIVISION BENCH, CHANDIGARH
Before: SHRI SANJAY GARG & Dr. B.R.R. KUMAR
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against
the order dated 29.09.2017 of the Principal Commissioner of Income
Tax(A)-3, Ludhiana [hereinafter referred to as ‘PCIT’] agitating the
action of the PCIT in passing the impugned order u/s 263 of the I.T.
Act in exercising his revision jurisdiction
The appeal is time barred by limitation period of 8 days. An
application dated 11.6.2018 for condonation of delay has been
moved, which has been accompanied with affidavit of assessee,
citing reasons for the delay in filing the present appeal.
Considering the above application of the assessee which is
accompanied with the affidavit of the assessee and also considering
ITA No. 1662-Chd.-2017 M/s AKME Crushers & Buiiders Pvt Ltd., Ludhiana 2
the short period of delay, the delay of 8 days in filing the present
appeal is hereby condoned.
At the outset, Ld. Counsel for the assessee has invited our
attention to the impugned order of the CIT(A) passed u/s 263 of the
Act and has stated that the said order of the PCIT is an ex-parte
order. The Ld. counsel has further submitted that the assessee could
not appear before the PCIT during hearing conducted in the
proceedings carried out u/s 263 of the Act because of the reason that
Shri Gurmesh Singh Gill, Director of the company who was handing
the financial matter of the assessee company during the period was
in jail in respect of some criminal matter. The Ld. Counsel has
invited our attention to the impugned order of PCIT and has stated
that the assessee involved in this case is regarding the introduction of
share application money. The Ld. PCIT had doubted the genuineness
of the transactions and creditworthiness of the share applicants. The
Ld. Counsel has submitted that considering the inability of the
Director of the assessee to present himself and contest the revision
proceedings u/s 263 of the Act and further considering the nature of
the issue involved, the assessee should be given an opportunity to
contest the issue on merits before the Ld. Commissioner of I. Tax.
The Ld. DR, on the other hand, has relied on the findings of the
Ld. PCIT.
Considering the above submissions of the Ld. Counsel for the
assessee, that the assessee due to unavoidable circumstances was
unable to appear and contest the proceedings before the PCIT
ITA No. 1662-Chd.-2017 M/s AKME Crushers & Buiiders Pvt Ltd., Ludhiana 3
because he was lodged in jail during the period and also considering the complexity of the issue which otherwise require a proper representation of the case before the PCIT, the interest of justice will be well served if the impugned order of the PCIT is set aside and the matter is retorted to the file of the PCIT for decision afresh in accordance with law. Needless to say that the PCIT / Commissioner of Income Tax will provide proper opportunity to the assessee to present himself or through his counsel on the date of hearing and the assessee will cooperate and will not contribute to any unnecessary adjournment of the case. In the result appeal of the assessee is allowed for statistical purposes.
Order pronounced in the Open Court on 04.09.2018
Sd/- Sd/- (B.R.R KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 04.09.2018 Rkk Copy to: • The Appellant • The Respondent • The CIT • The CIT(A) • The DR