M/s Golkonda Finance & Trading Private Limited, Hyderabad V. ITO, Ward -2(2), Hyderabad

ITA 1098/HYD/2013

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5521 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 25-07-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: YADAGIRI
• Assessee Lawyers: P MURALI MOHAN RAO
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO.1098/HYD/13 : ASSTT. YEAR 2006 - 07 M/ S.GOLKONDA FINANCE & TRADING PRIVATE LIMITED, HYDERABAD ( PAN - AABCG 6977 E ) V/S. INCOME TAX OFFICER WARD 2(2), HYDERABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.MURALI MOHAN RAO RESPONDENT BY : SHRI YADAGIRI DR DATE OF HEARING 17.2.2014 DATE OF PRONOUNCEMENT 17.2.2014 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX(APPEALS) III, HYDERABAD DATED 29.5.2013, DISMISSING THE APPEAL OF THE ASSESSEE FOR THE ASSESSMENT YEAR 200 6 - 0 7 , IN LIMINE, ON THE GROUND THAT IT IS FILED LATE BY 12 DAYS, AND AS SUCH TIME - BARRED. 2. THOUGH SEVERAL GROUNDS HAVE BEEN RAISED BY THE ASSESSEE IN THIS APPEAL, ONE OF THE GROUNDS RAISED RELATES TO THE JUSTIFICATION FOR THE CIT(A) IN DISMISSING THE APPEAL, AS BARRED BY LIMITATION. SINCE THIS GROUND GOES TO THE ROOT OF THE MATTER, WE SHALL ADJU DICATE ON THIS GROUND IN THE FIRST INSTANCE. 3. BEFORE THE CIT(A) ALSO , ASSESSEE RAISED VARIOUS G R OUNDS ON THE MERITS OF THE ADDITIONS MADE BY THE ASSESSING OFFICER IN THE ASSESSMENT. HOW E VER, THERE WAS A DELAY OF 12 DAYS IN FILIN G THE FIRST APPEAL B E FO R E THE CIT(A). THERE WAS NO PETITION FILED BEFORE THE CIT(A) SEEKING CONDONATION OF DELAY. IN FACT, NONE APPEARED BEFORE THE CIT(A). HENCE, THE CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE, AS BEING BARRED BY LIMITATION. AGGRI E VED, ASSESSEE IS IN SECON D APPEAL BEFORE US. I TA NO. 10 9 8 / HYD/201 3 M/S. GOLKONDA F INANCE & TRADING PRIVATE LIMITED, HYDERABAD 2 4 . WE HEARD BOTH SIDES AND PERUSED THE IMPUGNED ORDER OF THE CIT(A) AND OTHER MATERIAL ON RECORD. BEFORE US, T H E ASSESSEE FIL E D AN APPLICATION SEEKING CONDONATION OF DELAY IN THE FILING OF THE FIRST APPEAL BEFO R E THE CIT(A) , WHICH I S ALSO ACCOMPANIED BY AN AFFIDAVIT EXPLAINING THE REASONS FOR THE DELAY. IT WAS EXPLAINED THAT THE ASSESSEE COULD NOT PURSUE THE APPEAL BEFORE THE CIT(A), DUE TO INADEQUACY OF OPPORTUNITY GIVEN BY THE CIT(A), BEFORE DISPOSING OFF THE APPEAL ON GROUNDS OF DELAY. HENCE, IT WAS PRAYED THAT THE MATTER MAY BE REMITTED TO THE FILE OF THE CIT(A) FOR FRESH EXAMINATION OF THE MATTER AND DISPOSAL OF APPEAL ON ITS MERITS. CONSIDERING TOTALITY OF FACTS AND CIRCUMSTANCES OF THE CASE, WE FIND IT JUST AND PROPER TO SE T ASIDE THE IMPUGNED ORDER OF THE CIT(A), AND RESTORE THE ENTIRE MATTER TO THE FILE O F THE ASSESSING OFFICER, FOR FRESH CONSIDERATION AND DISPOSAL OF THE SAME. THE CIT(A) SHALL CONSIDER THE PETITION OF THE ASSESSEE AND AFFIDAVIT ACCOMPANYING THERETO, SEEK ING CONDONATION OF DELAY IN THE FILIN G O F THE FIRST APPEAL, AND IF HE IS CONVINCED WITH THE REASONABLENESS O F THE CAUSE FOR THE DELAY, HE SHALL CONDONE THE DELAY, AND PROCEED TO DISPOSE OF THE APPEAL ON THE MERITS OF VARIOUS GROUNDS RAISED IN IT. THE CIT (A) IS ACCORDINGLY DIRECTED TO GIVE REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE, AND DISPOSE OF THE APPEAL IN ACCORDANCE WITH LAW. 5. IN VIEW OF OUR DECISION ON THE GROUND RELATING TO CONDONATION OF DELAY, WE ARE NOT INCLINED TO GO INTO THE OTHER GROUNDS TAKEN BY THE ASSESSEE IN THIS APPEAL, WHICH ARE RENDERED ACADEMIC IN NATURE. 6. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STAT ISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 1 7 .2.2014 SD/ - SD/ - ( SAKTIJIT DEY ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER DT/ - 1 7 TH FEBRUARY, 2014 I TA NO. 10 9 8 / HYD/201 3 M/S. GOLKONDA F INANCE & TRADING PRIVATE LIMITED, HYDERABAD 3 COPY FORWARDED TO: 1. M/S.GOLKONDA FINANCE & TRADING PRIVATE LIMITED, C/O. M/S.P.MURALI & CO., CHARTERED ACCOUNTANTS, 6 - 3 - 6755/2/3, 1ST FLOOR, SOMAJIGUDA, HYDERABAD - 82 2 . INCOME TAX OFFICER WARD 2(2), HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) I II , HYDERABAD 4. COMMISSIONER OF INCOME - TAX II HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S