JAGDISH JAYANTILAL PATEL ,NAGPUR vs. ACIT, CENTRAL CIRCLE-1(3) ,NAGPUR , NAGPUR
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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.237/Nag./2017 (Assessment Year : 2006–07) ITA no.238/Nag./2017 (Assessment Year : 2007–08) Jagdish Jayantilal Patel 802, Kamal Palace, Ramdaspeth ……………. Appellant Nagpur 440 025 PAN – ADDPP5957H v/s Asstt. Commissioner of Income Tax ……………. Respondent Central Circle–1(3), Nagpur Assessee by : Shri Manoj G. Moryani Revenue by : Shri Kailash C. Kanojiya
Date of Hearing – 27/06/2024 Date of Order – 27/06/2024
O R D E R PER V. DURGA RAO, J.M.
The present appeals have been filed by the assessee challenging the impugned orders of even date 02/12/2013, passed by the learned Commissioner of Income Tax (Appeals)–III, Nagpur, [“learned CIT(A)”], for the assessment year 2006–07 and 2007–08 respectively.
Since both these appeals pertain to the same assessee involving common issues, except variation in figures, which arose out of identical set of facts and circumstances, therefore, as a matter of convenience, these appeals
Jagdish Jayantilal Patel ITA no.237–287/Nag./2017 were heard together and are being disposed off by way of this consolidated order.
The sole common issue raised by the assessee in its appeals is whether or not the learned CIT(A) was justified in confirming the addition made by the Assessing Officer at ` 15,00,000 for the assessment year 2006–07 and ` 8,50,000, for the assessment year 2007–08, on account of unexplained credits under section 68 of the Income Tax Act, 1961 ("the Act").
We find that there is a delay of 1244 days in filing the present appeals by the assessee. The assessee filed application for condonation of delay and an affidavit in support of such application has also been filed wherein it has been filed wherein it has been stated by the assessee that all the affairs of the assessee related to income tax matter were looked by the maternal uncle Shri Chhaganlal Kunverjibhai Patel, the main Director of Gigeo Construction who was continuously suffering from various critical medical problems and later on detected "Cancer". He also filed medical certificate to prove his health condition. Thus, the learned Counsel for the assessee prayed that the delay be condoned.
After considering the facts and circumstance of the issue relating to condonation of delay in filing the present appeals, we are of the opinion that there is a sufficient cause to condone the delay. Hence, the delay 1244 days in filing the present appeals is hereby condoned.
Insofar as the merits of the case is concerned, neither the Assessing Officer nor the learned CIT(A) has adjudicated the issue on merit properly
Jagdish Jayantilal Patel ITA no.237–287/Nag./2017 which ought to have been dealt with in accordance with law. Therefore, considering the submissions of the assessee, we are of the opinion that by following the principles of natural justice, one opportunity is hereby granted to the assesse to substantiate its case before the Jurisdictional Assessing Officer. In view of the above, the order passed by the learned CIT(A) is hereby set aside and remit the entire matter back to the file of the Jurisdictional Assessing Officer and direct him to adjudicate the matter denovo after providing reasonable opportunity of being heard to the assessee. It is also directed that the assessee should not seek adjournment without there being a justified reason. Accordingly, all the grounds raised by the assessee in these appeals for the A.Y. 2006–07 and 2007–08 are allowed for statistical purposes.
In the result, appeals filed by the assessee for the A.Y. 2006–07 and 2007–08 are allowed for statistical purposes.
Order pronounced in the open Court on 27/06/2024
Sd/- Sd/- K.M. ROY V. DURGA RAO JUDICIAL MEMBER ACCOUNTANT MEMBER
NAGPUR, DATED: 27/06/2024 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 Page | 3
