Celebrity Fashions Limited, CHENNAI V. ACIT, CHENNAI

ITA 1262/CHNY/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 68752 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-09-2013
• Assessment Year: 2004-2005
• Appeal Filed On: 07-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ANIL NAIR
• Keywords: Bonafide belief; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI BEFORE DR. O.K. NARAYANAN, VICE PRESIDENT & SHRI VIKAS AWASTHY, JUDICIAL MEMBER I.T.A. NO. 1262/MDS/2012 ASSESSMENT YEAR : 2004-05 CELEBRITY FASHIONS LIMITED, SDF-IV, 3 RD MAIN ROAD, MEPZ-SEZ, TAMBARAM, CHENNAI-600 045. [PAN: AAACC 3696 D] (APPELLANT) VS ASST. COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-I(3), CHENNAI. (RESPONDENT) APPELLANT BY : SHRI ANIL NAIR, C.A., RESPONDENT BY : SHRI SHAJI P. JACOB, ADDL.CIT DATE OF HEARING : 26-09-2013 DATE OF PRONOUNCEMENT : 26-09-2013 O R D E R PER VIKAS AWASTHY, JUDICIAL MEMBER: THE APPEAL HAS BEEN FILED BY THE ASSESSEE IMPUGNIN G THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-II I, CHENNAI DATED 29-11-2010 RELEVANT TO THE ASSESSMENT YEAR (A Y) 2004-05. I.T.A. NO. 1262/MDS/2012 2 2. THE APPEAL HAS BEEN FILED WITH A DELAY OF 492 DA YS. A PETITION FOR CONDONATION OF DELAY SUPPORTED BY AN A FFIDAVIT HAS BEEN FILED BY THE ASSESSEE. WE HAVE PERUSED THE S AME AND ARE SATISFIED THAT THE DELAY IN FILING OF THE APPEAL IS NOT INTENTIONAL OR DELIBERATE BUT HAS BEEN CAUSED DUE TO THE BONAFIDE BELIEF OF THE ASSESSEE. THE DELAY IN FILING OF THE APPEAL IS CON DONED. THE APPEAL IS ADMITTED TO BE HEARD ON MERITS. 3. SHRI ANIL NAIR, CA APPEARING ON BEHALF OF THE AS SESSEE SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL AND THE SAME MAY BE PERMITTED TO BE WITHDRAWN. IN VIEW OF THE STATEMENT MADE BY THE LD. AR OF THE ASSESSEE, THE APPEAL IS PERMITTED TO BE WITHDRAWN AND SAME IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY, THE 26 TH SEPTEMBER, 2013 AT CHENNAI. SD/- SD/- (DR. O.K. NARAYANAN) (VIK AS AWASTHY) VICE PRESIDENT JUDICIAL MEMBER DATED: 26 TH SEPTEMBER, 2013 TNMM COPY TO: APPELLANT/RESPONDENT/CIT(A)/CIT/DR