M/s AKME Crushers & Builders Pvt. Ltd., Ludhiana V. ITO, W-6(1), Ludhiana

ITA 1662/CHANDI/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1580 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 19-06-2018
• Assessment Year: 2013-2014
• Appeal Filed On: 13-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Period of limitation; Time period of passing order
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO. 1662/CHD/2017 ASSESSMENT YEAR : 2013-14 M/S AKME CRUSHERS & BUILDERS VS. THE ITO, PVT LTD., B-36-21, PAKHOWAL ROAD, WARD-6(1), VIKAS NAGAR, LUDHIANA LUDHIANA PAN NO. AAHCA4486C (APPELLANT) (RESPONDENT) APPELLANT BY : SH. PARIKSHIT AGGARWAL, C A RESPONDENT BY : SH. PARESH JOHRI, CIT DR DATE OF HEARING : 02.08.2018 DATE OF PRONOUNCEMENT : 04.09.2018 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 29.09.2017 OF THE PRINCIPAL COMMIS SIONER OF INCOME TAX(A)-3, LUDHIANA [HEREINAFTER REFERRED TO AS PCI T] AGITATING THE ACTION OF THE PCIT IN PASSING THE IMPUGNED ORDER U/S 263 OF THE I.T. ACT IN EXERCISING HIS REVISION JURISDICTION 2. THE APPEAL IS TIME BARRED BY LIMITATION PERIOD O F 8 DAYS. AN APPLICATION DATED 11.6.2018 FOR CONDONATION OF DELA Y HAS BEEN MOVED, WHICH HAS BEEN ACCOMPANIED WITH AFFIDAVIT OF ASSESSEE, CITING REASONS FOR THE DELAY IN FILING THE PRESENT APPEAL. 3. CONSIDERING THE ABOVE APPLICATION OF THE ASSESSE E WHICH IS ACCOMPANIED WITH THE AFFIDAVIT OF THE ASSESSEE AND ALSO CONSIDERING ITA NO. 1662-CHD.-2017 M/S AKME CRUSHERS & BUIIDERS PVT LTD., LUDHIANA 2 THE SHORT PERIOD OF DELAY, THE DELAY OF 8 DAYS IN F ILING THE PRESENT APPEAL IS HEREBY CONDONED. 4. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE IMPUGNED ORDER OF THE CIT(A) PASSE D U/S 263 OF THE ACT AND HAS STATED THAT THE SAID ORDER OF THE PCIT IS AN EX-PARTE ORDER. THE LD. COUNSEL HAS FURTHER SUBMITTED THAT T HE ASSESSEE COULD NOT APPEAR BEFORE THE PCIT DURING HEARING CONDUCTED IN THE PROCEEDINGS CARRIED OUT U/S 263 OF THE ACT BECAUSE OF THE REASON THAT SHRI GURMESH SINGH GILL, DIRECTOR OF THE COMPANY W HO WAS HANDING THE FINANCIAL MATTER OF THE ASSESSEE COMPANY DURIN G THE PERIOD WAS IN JAIL IN RESPECT OF SOME CRIMINAL MATTER. THE LD. COUNSEL HAS INVITED OUR ATTENTION TO THE IMPUGNED ORDER OF PCIT AND HAS STATED THAT THE ASSESSEE INVOLVED IN THIS CASE IS REGARDIN G THE INTRODUCTION OF SHARE APPLICATION MONEY. THE LD. PCIT HAD DOUBTED THE GENUINENESS OF THE TRANSACTIONS AND CREDITWORTHINESS OF THE SHA RE APPLICANTS. THE LD. COUNSEL HAS SUBMITTED THAT CONSIDERING THE INAB ILITY OF THE DIRECTOR OF THE ASSESSEE TO PRESENT HIMSELF AND CON TEST THE REVISION PROCEEDINGS U/S 263 OF THE ACT AND FURTHER CONSIDER ING THE NATURE OF THE ISSUE INVOLVED, THE ASSESSEE SHOULD BE GIVEN AN OPPORTUNITY TO CONTEST THE ISSUE ON MERITS BEFORE THE LD. COMMISSI ONER OF I. TAX. 5. THE LD. DR, ON THE OTHER HAND, HAS RELIED ON THE FINDINGS OF THE LD. PCIT. 6. CONSIDERING THE ABOVE SUBMISSIONS OF THE LD. COU NSEL FOR THE ASSESSEE, THAT THE ASSESSEE DUE TO UNAVOIDABLE CIRC UMSTANCES WAS UNABLE TO APPEAR AND CONTEST THE PROCEEDINGS BEFORE THE PCIT ITA NO. 1662-CHD.-2017 M/S AKME CRUSHERS & BUIIDERS PVT LTD., LUDHIANA 3 BECAUSE HE WAS LODGED IN JAIL DURING THE PERIOD AND ALSO CONSIDERING THE COMPLEXITY OF THE ISSUE WHICH OTHERWISE REQUIRE A PROPER REPRESENTATION OF THE CASE BEFORE THE PCIT, THE INT EREST OF JUSTICE WILL BE WELL SERVED IF THE IMPUGNED ORDER OF THE PCIT I S SET ASIDE AND THE MATTER IS RETORTED TO THE FILE OF THE PCIT FOR DECI SION AFRESH IN ACCORDANCE WITH LAW. NEEDLESS TO SAY THAT THE PCI T / COMMISSIONER OF INCOME TAX WILL PROVIDE PROPER OPPORTUNITY TO THE ASSESSEE TO PRESENT HIMSELF OR THROUGH HIS COUNSEL ON THE DAT E OF HEARING AND THE ASSESSEE WILL COOPERATE AND WILL NOT CONTRIBUTE TO ANY UNNECESSARY ADJOURNMENT OF THE CASE. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 04.09.2018 SD/- SD/- (B.R.R KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 04.09.2018 RKK COPY TO: THE APPELLANT THE RESPONDENT THE CIT THE CIT(A) THE DR