M/s Kobashi Machine Tools Pvt Ltd, Hyderabad V. Asst.Commissioner of Income-tax, Circle-2(1), Hyderabad

ITA 169/HYD/2013

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 2958 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 15-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: SREELATA REDDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO. 169, 170 & 171/HYD/2013 ASSESSMENT YEARS: 2005-06, 2006-07 & 2007-08 KOBASHI MACHINE TOOLS PVT. LTD., APPELLANT HYDERABAD. (PAN AABCK2459B) VS. ASST. COMMISSIONER OF INCOME-TAX, RESPONDENT CIRCLE 2(1), HYDERABAD. APPELLANT BY : SMT. SREELATA REDDY RESPONDENT BY : SHRI M.H. NAIK DATE OF HEARING : 21/05/2013 DATE OF PRONOUNCEMENT : 23/05/ 2013 ORDER PER ASHA VIJAYARAGHAVAN, J.M.: THESE APPEALS PREFERRED BY ONE ASSESSEE ARE DIRECTE D AGAINST SEPARATE ORDERS OF CIT(A)-III, HYDERABAD, D ATED 20 TH DECEMBER, 2012 FOR THE ASSESSMENT YEARS 2005-06, 20 06-07 AND 2007-08. AS THE IDENTICAL ISSUE IS INVOLVED IN THES E APPEALS, THEY WERE CLUBBED AND HEARD TOGETHER, THEREFORE, A COMMO N ORDER IS PASSED FOR THE SAKE OF CONVENIENCE. 2. TO DISPOSE OF THESE APPEALS, WE REFER TO THE FAC TS FROM THE AY 2005-06 BEING ITA NO. 169/HYD/2013. 3. THE ASSESSEE, NAMELY M/S KOBASHI MACHINE TOOLS P VT. LTD., IS ENGAGED IN THE BUSINESS OF MANUFACTURING OF MACH INE TOOLS AND EXECUTION OF JOB WORKS ON BEHALF OF THE GOVERNMENT ORGANIZATIONS FILED ITS RETURN OF INCOME ON 19/07/2007 DECLARING LOSS OF RS. 2 ITA NO. 169, 170 & 171/HYD/2013 M/S KOBASHI MACHINE TOOLS LTD. 31,50,450/-. THE AO COMPLETED THE ASSESSMENT U/S 14 3(3) R.W.S. 147 OF THE ACT, BY MAKING CERTAIN ADDITIONS AND DET ERMINED TOTAL INCOME AT RS. 14,08,840/-. 4. AGGRIEVED, THE ASSESSEE CARRIED THE MATTER IN AP PEAL BEFORE THE CIT(A). 5. BEFORE THE CIT(A), THE APPEAL HAD BEEN FILED BEL ATEDLY BY THE ASSESSEE. THE CIT(A) HELD AS FOLLOWS: 4.1 AS PER SECTION 249, THE APPEAL IS TO BE PRESENT ED WITHIN 30 DAYS OF THE DATE OF SERVICE OF THE ASSESS MENT ORDER. IN THIS, THE APPEAL IS CLEARLY LATE BY 145 D AYS. THE APPELLANT HAS NOT FILED ANY APPLICATION FOR CONDONA TION OF DELAY ALONG WITH FORM NO. 35 AND ALSO DURING APPEAL PROCEEDINGS. IN THE ABSENCE OF ANY APPLICATION OR R EQUEST FOR THE SAME, I HAVE NO OPTION BUT NOT TO ADMIT THE APP EAL, BEING LATE. 6. STILL AGGRIEVED, THE ASSESSEE IS IN APPEAL BEFOR E US. 7. BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE SMT. SREELATA REDDY INVITED OUR ATTENTION TO A LETTER AD DRESSED TO THE CIT(A)-III, HYDERABAD WHEREIN IT WAS STATED AS UNDE R: WE REQUEST YOU TO KINDLY CONDONE THE DELAY TO FILE APPEAL AGAINST ORDER PASSED BY ACIT, RANGE-2(1) ON 30/12/2 010 OF AY 2007-08 AS THE MANAGING DIRECTOR IS SUFFERING FR OM SEVERE ILL HEALTH FOR THE PAST 8 MONTHS PERIOD AND HE WAS UNDERGONE UTROSCOPY WITH DJ STUNTING IN APPOLO VIKR AMPUR. THE RELEVANT MEDICAL DOCUMENTS ARE ATTACHED FOR YOU R KIND PERUSAL. KINDLY CONDONE THE DELAY. 8. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORD AS WELL AS GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. WE FIND THAT, THOUGH, THE ASSESSEE HAD FILED APPLICATION OF CONDONATION FOR THE DELAY IN FILING THE APPEAL BEFORE THE CIT(A), T HE CIT(A) FAILED TO NOTICE THE SAME WHILE DECIDING THE APPEAL. IN TH ESE CIRCUMSTANCES, WE DEEM IT FIT AND PROPER TO REMIT T HE MATTER TO 3 ITA NO. 169, 170 & 171/HYD/2013 M/S KOBASHI MACHINE TOOLS LTD. THE FILE OF THE CIT(A) TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE, WHO SHALL ADDUCE EVIDENCE WITH RESPECT TO THE APPLICATION OF CONDONATION FOR DELAY IN FILING THE APPEAL BEFORE THE CIT(A). THE CIT(A) SHALL THEREAFTER DECIDE THE MATT ER IN ACCORDANCE WITH LAW. 9. AS THE ISSUES IN ITA NOS. 170 & 171/HYD/13 FOR T HE ASSESSMENT YEARS 2006-07 AND 2007-08 ARE MUTATIS-MU TANDIS TO THAT OF AY 2005-06 BEING ITA NO. 169/HYD/13 (SUPRA) FOLLOWING THE DECISION THEREIN WE REMIT THESE TWO APPEALS ALS O TO THE FILE OF THE CIT(A) TO GIVE ONE MORE OPPORTUNITY TO THE ASSE SSEE, WHO SHALL ADDUCE EVIDENCE WITH RESPECT TO THE APPLICATI ON OF CONDONATION FOR DELAY IN FILING THESE APPEALS BEFOR E THE CIT(A). THE CIT(A) SHALL THEREAFTER DECIDE THE MATTER IN AC CORDANCE WITH LAW. 10. IN THE RESULT, THE APPEALS UNDER CONSIDERATION ARE ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 23 RD MAY, 2013. SD/- SD/- (CHANDRA POOJARI) (ASHA VIJAYARAGH AVAN) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED: 23 RD MAY, 2013. KV COPY TO:- 1) M/S KOBASHI MACHINE TOOLS PVT. LTD., PLOT NO. 61C, ROAD NO. 16, PHASE-1, IDA, JEEDIMETLA, HYDERABAD. 2) ACIT, CIRCLE 2(1), HYDERABAD. 3) CIT(A)-III, HYDERABAD 4) CIT-II, INTERNATIONAL TAXATION 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD.