Shri Jignesh V. Sheta, Surat V. The Income Tax Officer, Ward-8(2), Surat

CO 69/AHD/2014

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 9653 (ITAT-AHMEDABAD)
• Duration Of Justice: 23 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 27-06-2014
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 04-06-2014
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Assessee Lawyers: RONAK N PAREKH
• Keywords: Business income; Reasonable cause

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD 0 00 0 0 00 0 , , , , !'# !$ !'# !$ !'# !$ !'# !$0 00 0! !! !0 00 0 %$ %$ %$ %$, , , , &' ( &' ( &' ( &' ( & & & & BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI N.S. SAINI, ACCOUNTANT MEMBER CO NO. 69/AHD/2014 (ARISING OUT OF ITA NO. 1143/AHD/2011) (ASSESSMENT YEAR 2007-08) SHRI JIGNESH V. SHETA 362, LALITA PARK SOCIETY OPP. KANTARESSHWAR TEMPLE KATARGAM, SURAT. PAN: AVWPS6992A INCOME TAX OFFICER WARD-8(2), SURAT. APPELLANT / )* RESPONDENT/ +, )* REVENUE BY : SHRI P. L. KUREEL, SR. DR ASSESSEE(S) BY : SHRI RONAK N. PAREKH, AR $'- . /'/ // / DATE OF HEARING : 20/06/2014 123 . /' / DATE OF PRONOUNCEMENT: 27/06/2014 &4 &4 &4 &4/ // / O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: THIS IS A CROSS-OBJECTION FILED BY THE ASSESSEE A GAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S)-V, SURAT DATED 14.12.2010 BY RAISING THE FOLLOWING GROUNDS O F CROSS- OBJECTION: 1. ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED CIT(A) HAS ERRED IN CONFIRMING ACTION OF ASSESSING OFFICER IN TREATING THE BUSINESS INCOME U/S. 68/69/69A OF THE ACT. CO NO. 69/AHD/2014 IN ITA NO. 1143/AHD/2011 JIGNESH V. SHETA, SURAT AY 2007-08 - 2 - 2. ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED CIT(A) HAS ERRED IN NOT CONSIDERING UNSECURED LOAN ACCEPTED FROM VARIOUS PARTIES DEPOSITED IN THE BANK ACCOUNT. 2. THE CROSS-OBJECTION AS FILED BY THE ASSESSEE IS BARRED BY LIMITATION OF 1081 DAYS. THE ASSESSEE HAS FILED A LETTER EXPLAINING THE REASON FOR DELAY IN FILING THE CROSS -OBJECTION WHICH READS AS UNDER: PRYM & ASSOCIATES CHARTERED ACCOUNTSNTS PHONE #: [phone], GOLDEN PLAZA COMPLEX, NR. KINNERY CINEMA, RING ROAD, SURAT. 19 TH MAY, 2014 TO, THE HONBLE MEMBER, INCOME TAX APPELLATE TRIBUNAL, BENCH B, AHMEDABAD-380009. REG: JIGNESH B. SHETA 362, LALITA PARK SOC., OPP. KANTARESHWAR TEMPLE, KATARGAM, SURAT. SUB: DELAY CONDONE IN FILING APPEAL FOR THE ASSESSMENT YEAR 2007-08 DEPARTMENT APPEAL NO.1143/A/2011 RESPECTED SIR, WITH REGARD TO THE ABOVE SUBJECT, WE LIKE TO INFOR M YOU THAT DEPARTMENT HAD FILED THE APPEAL BEFORE HONOURABLE I TAT ON 18.04.2011. AS PER THE RECORDS NOTICE FILING OF APPEAL BY DEPAR TMENT IS RECEIVED BY ASSESSEE ON 20.05.2011. ASSESSEE WAS NOT AWARE TO FILE CROSS-OBJECTION IN RESPONSE TO THE APPEAL FILED BY THE DEPARTMENT. ASSESSEE AUTHORISES US ON 19.05.2014 HENCE WE FILE THE CROSS OBJECTION AT THIS STAGE. WE RESPECTFULLY REQUEST YOU THAT PLEASE CONDONE DELAY AS ASSESSEE IS NOT AWARE OF THE LEGAL PROCEDURE AND ALLOW THE CROSS-OB JECTION FILED TODAY. WE ARE ALSO GETTING LATE, AS WE NEED TO COLLECT SOM E DOCUMENTS FROM CO NO. 69/AHD/2014 IN ITA NO. 1143/AHD/2011 JIGNESH V. SHETA, SURAT AY 2007-08 - 3 - CIT(A) OFFICE BUT DUE TO ELECTION AND SUMMER VACATI ON STAFF OF HONOURABLE CIT(A) IS NOT AVAILABLE AND HENCE WE ARE ALSO LATE IN FILING OF CROSS OBJECTION. THANKING YOU, YOURS TRULY, FOR PRYM & ASSOCIATES CHARTERED ACCOUNTANTS (RONK N. PAREKH) PARTNER 3. WE FIND THAT THERE IS ABNORMAL DELAY OF 1081 DA YS IN FILING THE CROSS-OBJECTION. THE REASON ADVANCED BY THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE WAS LACK OF KNOWLEDG E ON THE PART OF THE ASSESSEE IN RESPECT OF FILING OF CROSS-OBJEC TION. THE DEPARTMENTAL REPRESENTATIVE STRONGLY OPPOSED TO THE ABOVE REASON AND SUBMITTED THAT THE SAME WAS MERELY AN EXCUSE AN D WAS NOT BONAFIDE AS THE ASSESSEE WAS REPRESENTED BY A QUALI FIED PROFESSIONAL PERSON BEFORE THE COMMISSIONER OF INCO ME TAX (APPEALS) ALSO. WE FIND THAT THE REASON GIVEN BY T HE ASSESSEE IS BEREFT OF ANY MERIT AND CANNOT BE HELD AS REASONABL E CAUSE ON THE FACTS OF THE PRESENT CASE. THE AUTHORIZED REPRESEN TATIVE OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE WAS NOT AWARE OF THE PROCEDURE OF FILING OF CROSS-OBJECTION BUT COULD NO T EXPLAIN THE CIRCUMSTANCES IN WHICH THE ASSESSEE CONTACTED THE A UTHORIZED REPRESENTATIVE FOR FILING THE CROSS-OBJECTION. MOR EOVER, AS THE ASSESSEE WAS REPRESENTED BY A QUALIFIED PROFESSIONA L PERSON BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS), HE WAS WE LL AWARE OF THE ISSUES DECIDED AGAINST HIM BY THE COMMISSIONER OF INCOME TAX (APPEALS) AND WAS ALSO AWARE OF FILING OF APPEAL BY THE REVENUE BUT TOOK NO STEPS TO ADDRESS HIS GRIEVANCE, IF ANY, AGA INST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) WITHIN A R EASONABLE CO NO. 69/AHD/2014 IN ITA NO. 1143/AHD/2011 JIGNESH V. SHETA, SURAT AY 2007-08 - 4 - TIME. THE DELAY CAUSED BY GROSS NEGLIGENCE OR INAC TION ON THE PART OF THE APPLICANT CANNOT BE CONSIDERED A REASONABLE CAUSE FOR CONDONING THE DELAY. WE, THEREFORE, DECLINE TO CON DONE THE DELAY. THEREFORE, THE CROSS-OBJECTION FILED BY THE ASSESSE E IS DISMISSED AS TIME BARRED. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 27 TH OF JUNE, 2014 AT AHMEDABAD. SD/- SD/- (G.C. GUPTA) VICE PRESIDENT ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 27/06/2014 GHANSHYAM MAURYA, SR. P.S. TRUE COPY &4 . +5 6&53 &4 . +5 6&53 &4 . +5 6&53 &4 . +5 6&53/ COPY OF THE ORDER FORWARDED TO : 1. )* / THE APPELLANT 2. +,)* / THE RESPONDENT. 3. ## 7 / CONCERNED CIT 4. 7() / THE CIT(A)-III, AHMEDABAD 5. 5': +$ , , / DR, ITAT, AHMEDABAD 6. ;< =- / GUARD FILE. &4$ &4$ &4$ &4$ / BY ORDER, / // / # # # # ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD