Kishore Kumar Koya, Hyderabad V. ITO, Ward-1(2), Hyderabad, Hyderabad

ITA 1922/HYD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 2668 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-05-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 26-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Keywords: Search and seizure
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA.NO. 1922/HYD/2014 ASSESSMENT YEAR 2007 - 2008 KISHORE KUMAR KOYA, FLAT NO.3B, COURT YARD APARTMENTS, TIMBER LAKE COLONY, RAIDURG, HYDERABAD. PAN: ACMPK4808J VS. ITO, WARD 1(2), AAYAKAR BHAVAN, FATEH MAIDAN ROAD, BASHEERBAGH, HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE: SHRI AMRIT KUMAR KOTA FOR REVENUE : SMT N. SWAPNA, DR DATE OF HEARING : 07 .09.2017 DATE OF PRONOUNCEMENT : 07 .09.2017 ORDER PER D. MANMOHAN, VP. THIS APPEAL IS FILED AT THE INSTANCE OF THE ASSESSEE. AT THE OUTSET, IT MAY BE NOTICED THAT THE APPEAL IS BARRED BY LIMITATION BY 311 DAYS. AS PER FORM NO.36, THE IMPUGNED ORDER IS SERVED UPON THE ASSESSEE ON 20.1 2.2013 AND THUS THE LAST DATE FOR FILING THE APPEAL EXPIRES ON 18.2.2014 , WHEREAS THE APPEAL PAPERS WERE FILED BY THE ASSESSEE ON 26.12.2014 , RESULTING IN A DELAY OF 31 1 DAYS. THE ONUS IS CAST UPON THE ASSESSEE TO FURNISH SUFFICIENT CAUSE FOR NOT FILING AN APPEAL ON OR BEFORE 18.02.2014. VIDE AFFIDAVIT DATED 23.1.2016, SHRI KISHORE KUMAR KOYA SUBMITS THAT THE DISALLOWANCE IS MAINLY BASED ON THE FACT THAT THE ASSESSEE COULD NOT PROVE THE TRA NSFER OF AMOUNTS BY WAY OF FOREIGN INWARD REMITTANCES TO THE COMPANYS ACCOUNT. ACCORDING TO THE 2 ASSESSEE, A SECOND APPEAL CAN BE FILED ONLY UPON OB TAINING CONFIRMATION LETTERS; SINCE THE PARTIES ARE STAYING OUTSIDE INDIA IT TOOK ALMOST ONE YEAR TO TRACE O UT THE ADDRESSES AND FINALLY THE CONFIRMATION LETTERS WERE OBTAINED BY THE END OF NOVEMBER 2014 AND THEREAFTER, THE ASSESSEE CONTACTED CA TO TAKE REASONABLE STEPS TO FILE THE APPEAL. IT WAS THUS CONTENDED THAT THE DELAY IS SUPPORTED BY SUFFICIENT CAUSE. 2. IT DESERVES TO BE NOTICED THAT THE MAIN REASON FOR MAKING THE ADDITION WAS LACK OF EVIDENCE AND THUS THE ASSESSEE OUGHT TO HAVE OBTAINED CONFIRMATION LETTERS ETC., DURING THE ASSESSMENT PROCEEDINGS. EVEN BEFORE THE LD. CIT(A), THE ASSESSEE DID NOT OBTA IN MATERIAL PAPERS. EVEN IF IT IS ASSUMED THAT THE ASSESSEE WISH ED TO FILE AN APPEAL UPON RECEIPT OF THE CONFIRMATION LETTERS, THE FACT REMAINS THAT THE ASSESSEE DID NOT FILE THE APPEAL IMMEDIATELY THEREAFTER SINCE IT WAS ADMITTED IN THE AFFIDAVIT THAT TH E CONFIRMATION LETTERS WERE OBTAINED IN NOVEMBER 2014 WHEREAS THE APPEAL WAS FILED ONLY ON 26.12.2014. T HE ASSESSEE HAS NOT GIVEN ANY REASONS FOR DELAY, RECKONED FROM THE END OF NOVEMBER 2014 , EXCEPT MERELY STATING THAT IN HIS BUSINESS REIGN HE NEVER FAIL ED TO COMPLY WITH THE STATUTORY LIMITS PRESCRIBED UNDER THE ACT. IN THE INSTANT CASE, WE HAVE NOTICED THAT THE ASSESSEE HAS NOT ACTED UPON SWIFTLY TO FILE AN APPEAL AGAINST THE ORDER PASSED BY THE LD. CIT(A). 3. EVEN IF IT IS ASSUMED THAT HE WAITED TILL NOVEMBER TO OBTAIN CONFIRMATION LETTERS, THERE BEING SUFFICIENT DELAY EVEN BY THAT STAGE , THE ASSESSEE COULD NOT HAVE WASTED FURTHER TIME IN FILING AN APPEAL. IN THE INSTANT CASE, THE INSTITUTION FEE WAS PAID ON 9.12.2014 AND LEISURELY SIGNED THE VERIFICA TION ON 19.12.2014 AND THEREAFTER ONE MORE WEEK WAS TAKEN JUST TO FILE AN APPEAL. THE REASON FOR DELAY, FOR THE ABOVE PERIOD, WAS NOT AT ALL EXPLAINED. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT JUSTICE IS ONLY MEANT FOR T HE VIGILANT AND NOT TO A PERSON WHO IS CASUAL 3 IN HIS APPROACH. IT IS WELL SETTLED THAT ASSESSEE HAS TO FURNISH SUFFICIENT CAUSE FOR THE DELAY IN FILING THE APPEAL. IN THE INSTANT CASE, THERE IS ABSOLUTELY NO REASON WITH REGARD TO THE DELAY OF 26 DAYS , RECKONED FROM THE DATE OF OBTAINING THE CONFIRMATION LETTERS. WE , THEREFORE, HOLD THAT THE APPEAL IS BARRED BY LIMITATION. ACCORDINGLY THE APPEAL IS DISMISSED AS UNADMITTED FOR WANT OF SATISFACTORY EXPLANATION. PRONOUNCED ACCORDINGLY IN THE OPEN COURT. SD/ - SD/ - ( INTURI RAMA RAO ) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDEN T HYDERABAD, DATED: 07.09. 2017 OKK, SR.PS COPY TO 1. KISHORE KUMAR KOYA, FLAT NO.3B, COURT YARD APARTMENTS, TIMBER LAKE COLONY, RAIDURG, HYDERABAD. 2. ITO, WARD 1(2), AAYAKAR BHAVAN, FATEH MAIDAN ROAD, BASHEERBAGH, HYDERABAD. 3. CIT (A) - II, HYDERABAD. 4 CIT - 1, HYDERABAD. 5. D.R. ITAT B BENCH, HYDERABAD. 6. GUARD FILE