ANDHRA PRADESH GRAMEENA BANK, KADAPA,KADAPA vs. JCIT, RANGE-2, TIRUPATHI, TIRUPATHI

In the result the appeal filed by the assessee bank is dismissed as unadmitted

Bench: Shri D. Manmohan & Shri B. Ramakotaiahassessment Year: 2011-12 Andhra Pragathi Grameena Vs. Jt. Commissioner Of Bank, Income Tax, Kadapa. Range - 2 Tirupati. Pan – Aamfa 8921A (Appellant) (Respondent) Assessee By : Shri G. Seshachalam Revenue By : Shri Pathlevath Peerya Date Of Hearing : 16-05-2018 Date Of Pronouncement : 29-06-2018 Order Per D. Manmohan: This Is An Appeal Filed At The Instance Of The Assessee, A Cooperative Society. Penalty Levied By The A.O U/S 271(1)(C) Of The It Act @ 150% Of The Amount Sought To Be Evaded By Reason Of Furnishing Of Inaccurate Particulars, Was Confirmed By The Cit(A) & Thus The Assessee Preferred An Appeal Along With An Affidavit For Condonation Of Delay Of 178 Days. In The Affidavit Filed Along With Form- 36, The Chairman & Chief Managing Director Of The Assessee Bank Deposed As Under: “Our Appeal Against The Levy Of Penalty U/S 271(1)(C) Of The It Act, For The A.Y 2011-12 Was Filed Before The Cit(A), Kurnool On 20.08.2014 & Was Duly Disposed Off & A Certified Copy Of The Appellate Order Was Also Served On Us. During The Process The Said Order Being Examined By Various

section was not mentioned anywhere in the affidavit. The fact remains that the assessee requested the CIT(A) Kurnool to issue a certified copy of the order vide letter dated 07.06.2016 and a copy was in turn received on 16.07.2016. Since there was substantial delay, at least from the day of receipt of 4 Andhra Pragathi Grameena Bank. 1086/Hyd/2016. certified