ALTAB HUSEN ISMAIL VAHORA,ANAND vs. ITO-WARD(1), DAHOD

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ITA 1732/AHD/2024Status: DisposedITAT Ahmedabad19 November 2024Bench: Ms. Annapurna Gupta (Accountant Member), Shri TR Senthil Kumar (Judicial Member)4 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay of 32 days in filing the appeal, finding a reasonable cause. The matter was set aside to the CIT(A) to decide the appeal on merits regarding the exemption under Section 10(10C).

What were the facts?

The assessee filed a revised return of income and the assessment order made an addition for excess exemption claimed under Section 10(10C). The assessee paid the tax demand but later filed an appeal before the CIT(A) with a delay of 32 days, which was not condoned.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) was justifiable, and whether the retrenchment compensation received was exempt under Section 10(10C).

Which sections of the Income-tax Act were involved?

Section 10(10C),Section 139(5),Section 143(3),Section 270A,Section 274,Section 156

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH

Before: Ms. Annapurna Gupta & Shri TR Senthil Kumar

For Appellant: Dr. Kumar R. Pandya, A.R
For Respondent: Shri Ketan Gajjar, Sr. D.R

आदेश/ORDER PER : TR SENTHIL KUMAR, JUDICIAL MEMBER:-

1.

This appeal is filed by the assessee as against the appellate order dated 04-09-2024 passed by Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi arising out of the assessment order passed u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) relating to the assessment year 2020-21.

2.

The ld. CIT(A) refused to condone the delay of 32 days in filing the above appeal, on the ground that no reasonable cause was made out by the assessee.

3.

Brief facts of the case, the assessee is an individual who was working in BSNL and retired under Voluntary Retirement Scheme. For the assessment year 2020-21 the assessee filed his original return of income disclosing total income of Rs. 18,94,550/- and then filed a Revised Return u/s. 139(5) on 11-01-2021 disclosing total income of Rs. 7,09,380/-. The assessee’s case was selected for scrutiny assessment and made an addition of Rs. 11,85,171/- as excess claim of exemption u/s. 10(10C) of the Act and demanded tax of Rs. 3,62,901/- by issuing a demand notice u/s. 156 of the Act dated 19-09-2022. The assessee paid the above tax demand on 22-09-2022. Thereafter, the assessee was issued with penalty notice u/s. 274 r.w.s. 270A on the ground of under reported income. The assessee was of the mistaken impression that having paid the disputed taxes, no further proceedings is required. Because of repeated penalty notices, the assessee verified with various Tax Consultants and he was advised to file an appeal against the assessment order, thereby there was a delay of 32 days in filing the above appeal. The above sequences were explained in detail by the assessee by filing a Paper Book before the Ld. CIT(A). However, the same was not considered by the Ld. CIT(A) and held that the delay in filing the appeal was not properly explained and dismissed the appeal without adjudicating on merits of the case.

4.

We have gone through the submissions of the assessee. We found that the assessee has given a very reasonable cause for the delay in filing the above appeal with a delay of 32 days. Further, it is also noticed that the assessee has promptly paid the impugned tax demand within three days of service of demand notice. The assessee being a salaried person had no occasion to come across litigation process in income tax proceedings. Thus, we hereby condone the delay of 32 days in filing appeal before CIT(A). However, on merits of the case whether the retrenchment compensation of Rs. 16,85,171/- received by the assessee is exempt u/s. 10(10C) of the Act or not, the ld. CIT(A) has not adjudicated the issue. Therefore, we hereby set aside the matter back to the file of Ld. CIT(A) to decide the case on merits by giving proper opportunity of hearing to the assessee. Needless to state that the assessee can produce all relevant materials/evidences before the Ld. CIT(A) to pass order on merits of the case.

5.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

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