M/s Vijay Precision Dies Pvt Ltd , Mysore V. The Assistant Commissioner of Income TAx Circle-1(1), Mysore

ITA 1573/BANG/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1312 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 11-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA.1573/BANG/2018 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'C', BENGALURU BEFORE SHRI. JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER I.T.A NO.1573/BANG/2018 (ASSESSMENT YEAR : 2007-08) M/S. VIJAY PRECISION DIES P. LTD, NO.79A, MYSORE BELAGOLA ROAD, METGALLI, MYSURU 570016 .. APPELLANT PAN : AAACV5486E V. ASST. COMMISSIONER OF INCOME-TAX, CIRCLE -1(1), MYSURU .. RESPONDENT ASSESSEE BY : SHRI. NARENDRA SHARMA, ADVOCATE REVENUE BY : DR. P. V. PRADEEP KUMAR, ADDL. CIT HEARD ON : 05.09.2018 PRONOUNCED ON : 07.09.2018 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THE PRESENT APPEAL IS FILED BY THE ASSESSEE AGAINS T THE ORDER OF THE CIT (A), MYSURU, DT.30.11.2017, FOR THE ASSESSM ENT YEAR 2007- 08, ON THE PRELIMINARY GROUND THAT THE CIT (A) HAD DISMISSED THE APPEAL, BY REJECTING THE ASSESSEES APPLICATION FOR CONDONING THE DELAY IN FILING OF APPEAL BY SEVEN DAYS. ITA.1573/BANG/2018 PAGE - 2 02. AT THE OUTSET THE LD. AR HAS SUBMITTED THAT THE APPEAL WAS FILED WITH A DELAY OF SEVEN DAYS BEFORE THE CIT (A) AND AN APPLICATION FOR CONDONATION OF THE DELAY, WAS FILED MENTIONING THEREIN THE REASONS FOR THE DELAY. HOWEVER THE CIT (A) WITHOUT CONSIDERING THE REASONS FOR DELAY IN FILING THE APP EAL HAD DISMISSED THE APPEAL. 03. ON THE OTHER HAND, THE LD. DR VEHEMENTLY RELIED UPON THE ORDER OF THE CIT (A). 04. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. BEFORE WE DECIDE THE MATTER, IT IS INCUMBENT UPON U S TO LOOK INTO THE EXPLANATION GIVEN BY THE ASSESSEE BEFORE THE CI T (A), FOR NOT FILING THE APPEAL. THE CIT (A) IN PARA 3 HAS GIVEN HIS FINDING TO THE FOLLOWING EFFECT : 3. THE APPELLANT IS A CLOSELY HELD DOMESTIC COMPANY ENGAGED IN MANUFACTURING AND EXPORTING DIAMOND DIES . FOR THE A. Y.2007-08, THE APPELLANT FILED THE RETURN OF INC OME ON 30/10/2017, ADMITTING TOTAL INCOME OF RS.85,55,570/ -. ON SCRUTINY, THE ASSESSING OFFICER ACCEPTED THE RETURN ED INCOME U/S.143(3) BY WAY OF AN ORDER, DT.23/10/2009. THERE AFTER, THE ASSESSING OFFICER ISSUED A NOTICE U/S.148 OF THE AC T AND AFTER AFFORDING FAIR AND REASONABLE OPPORTUNITIES OF BEIN G HEARD TO THE APPELLANT, REASSESSED THE INCOME OF THE APPELLA NT U/S.147 R.W.S. 143(3) OF THE ACT AT RS.1,38,39,978/-, VIDE THE IMPUGNED ORDER, DT.05/03/2015. AGGRIEVED BY THE AFORESAID OR DER OF REASSESSMENT, THE APPELLANT PREFERRED THIS APPEAL. FOR THE APPELLATE HEARING, SHRI M. PERUMAL, FCA APPEARED DU LY AUTHORIZED AND WAS HEARD. THE APPEAL WAS FILED WITH A DELAY OF 7 DAYS. IN AN APPLICATION SEEKING CONDONATION OF DE LAY, DT.15/04/2015, THE REASON FOR THE DELAY WAS STATED AS FOLLOWS: 'THE COMPANY HAD TO TAKE EXPERT ADVICE FROM A. SHAN KAR, ADVOCATE, BANGALORE AND THIS TOOK TIME DUE TO FREQU ENT TRAVEL TO BANGALORE AND BACK. THE APPEAL PAPERS WERE RECEI VED BY THE COMPANY ONLY ON 9TH APRIL AND TO MAKE MATTERS WORSE , THERE ITA.1573/BANG/2018 PAGE - 3 WERE SEVERAL PUBLIC HOLIDAYS IN THE MONTH OF APRIL I.E. 2,3,4,5,11,12 & 14 AND THEREFORE WE ARE ABLE TO FIL E THE APPEAL ONLY ON 15TH APRIL.' THE AFORESAID REASONS STATED F OR THE BELATED FILING OF APPEAL WERE NOT SUPPORTED BY ANY CREDIBLE AND VERIFIABLE DOCUMENTARY EVIDENCE AND THEREFORE, THE DELAY IN FILING THE APPEAL IS NOT CONDONED AND ACCORDINGLY, THE APPEAL IS NOT ADMITTED. WE ARE CONVINCED THAT THE ASSESSEE WAS PREVENTED FR OM FILING THE APPEAL DUE TO SUFFICIENT REASON. MOREOVER THERE WA S A SIMPLE DELAY OF SEVEN DAYS ONLY. WE FIND THAT THE CIT (A) HAS D ISMISSED THE APPEAL ON A TECHNICAL GROUND. IN VIEW THEREOF, WE ALLOW THE APPEAL OF THE ASSESSEE WITH A DIRECTION TO THE CIT (A) TO DECIDE THE APPEAL IN ACCORDANCE WITH LAW. THE ASSESSEE SHALL COOPERA TE AND DECIDE THE APPEAL AND FILE ALL THE DOCUMENTS IN SUPPORT OF THE GROUNDS. IN CASE THE ASSESSEE THE ASSESSEE DOES NOT APPEAR ON T HE DATE GIVEN BY THE CIT (A), THE CIT (A) IS AT LIBERTY TO TAKE THE DECISION AS HE DEEMS FIT. 05. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWE D. ORDER PRONOUNCED IN THE OPEN COURT ON 7TH DAY OF SE PTEMBER, 2018. SD/- SD/- (JASON P BOAZ) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBE R BENGALURU DATED : 07.08.2018 MCN* ITA.1573/BANG/2018 PAGE - 4 COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.