VIGNESHWARA EXPORTS LTD, MUMBAI V. DCIT 7(3), MUMBAI

ITA 1634/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 79202 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 24-06-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 07-03-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRADEEP SHAURYA ARYA
• Keywords: Reasonable cause; Condonation of delay
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI D.MANMOHAN , V ICE P RESIDENT AND SHRI RAJENDRA , ACCOUNTANT MEMBER I.T.A. NO. 1634 /MUM/ 20 12 (ASSESSMENT YEAR : 200 5 - 0 6 ) VIGNESHWARA EXPORTS LTD. 450/451, KEWAL INDUSTRIAL ESTATE, S . B . M ARG, LOWER PAREL MUMBAI - 400 013. VS. DCIT - 7(3) AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 013. PAN/GIR NO. AAACV 4585 F ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE DEPARTMENT BY : SHRI PRADEEP SHAURYA ARYA DATE OF HEARING : 24 . 6 .2014 DATE OF PRONOUNCEMENT : 27 . 6 .2014 O R D E R PER D. MANMOHAN , V . P : THIS APPEAL , FILED AT THE INSTANCE OF THE ASSESSEE COMPANY , PERTAINS TO ASSESSMENT YEAR 2005 - 06. THOUGH NOTICE WAS SENT TO THE ASSESSEE ( ACK ON RECORD ) , NONE APPEARED ON BEHALF OF THE ASS ESSEE. WE, THEREFORE , PROCEED TO DISPOSE OF THE APPEAL EXPARTE , QUA THE ASSESSEE. 2. WE HAVE HEARD THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. 3. AT THE OUTSET IT MAY BE NOTICED THAT THE APPEAL IS BARRED BY LIMITATION BY 22 DAYS. ORDER OF L D. CIT(A) WAS SERVED UPON THE ASSESSEE ON 16/12/2011 WHEREAS APPEAL WAS FILED ON 07/03/2012 . FORM - 36 APPEARS TO HAVE BEEN SIGNED ON 25/01/ 2012 . THE ASSESSEE FILED AN AFFIDAVIT DULY SIGNED BY ONE OF THE DIRECTORS STATING THAT THEIR CHARTERED ACCOUNTANT MR. ANIL CHATURVEDI WAS NOT IN TOWN AND NOW HE IS NO T ASSOCIATED WITH T HE COMPANY. APART FROM THE ITA NO.1634 /MUM/2012 (AY: 2005 - 06 ) 2 FACT THAT COMPANYS MANAGER - ACCOUNTS HAD ALSO LEFT THE COMPANY DUE TO WHICH IT COULD NOT MANAGE TO FILE THE APPEAL IN TIME. THE DATE ON WHICH THE COMPANYS MANAG ER LEFT OR THEIR CHARTERED ACCOUNTANT LEFT OR ANY ACTION TAKEN, DETAILS THEREOF WERE NOT FURNISHED. LD. DR, THEREFORE, SUBMITTED THAT THERE IS NO REASONABLE CAUSE FOR LATE FILING OF APPEAL. 4. HE FURTHER SUBMITTED THAT EVEN ON MERITS THE ASSESSEE HAS NO S TRONG CASE . E VEN BEFORE THE CIT(A) N ONE APPEARED ON BEHALF OF THE ASSESSEE AND NO INFORMATION WAS FORTHCOMING WITH REGARD TO CLAIM OF DEDUCTION U/S. 80IB OF THE ACT. LD. CIT(A) FOLLOWED THE RATIO OF DECISION OF HONBLE APEX COURT IN THE CASE OF LIBERTY IND IA VS. CIT (317 ITR 218) TO HOLD THAT DEPB IS NOT ENTITLED U/S. 80IB AND THE ASSESSMENT HAS BEEN RE - OPENED WITHIN 4 YEARS AND IT IS VALID IN LAW. NO CONTRARY DECISION WAS PLACED BEFORE US ON BEHALF OF THE ASSESSEE TO HIGHLIGHT THAT THE ORDER PASSED BY LD. CIT(A) IS INCORRECT. 5. HAVING REGARD TO CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THE ORDER PASSED BY LD. CIT(A) DOES NOT CALL FOR ANY INTERFERENCE APART FROM THE FACT THAT APPEAL IS BARRED BY LIMITATION AND DELAY IS NOT SUPPORTED BY SUFFICIENT CAUSE. ORDER PRONOUNCED ACCORDINGLY. ORDER PRONOUNC ED ON 27 TH D AY OF JUNE , 2014 . SD/ - (RAJENDRA ) ACCOUNTANT MEMBER SD/ - (D. MANMOHAN ) VICE PRESIDENT MUMBAI ; DATED : 27 / 6 /20 14 JV . ITA NO.1634 /MUM/2012 (AY: 2005 - 06 ) 3 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// DY./ASSTT. REGISTRAR) ITAT, MUMBAI