The Gujarat State Co.Op.Agriculture And Rural Development Bank Ltd., Jamnagar V. The Income tax Officer,TDS-3, Ahmedabad

ITA 1991/AHD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 63163 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 06-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y P VERMA
• Assessee Lawyers: RAGHUBHA B GOHIL
• Keywords: Condonation of delay

Judgement Text

, , , , B, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, B BENCH . .. . . .. . , !' !' !' !', , , , #$ #$ #$ #$ %& %& %& %& , , , , &' ( & &' ( & &' ( & &' ( & ' ' ' ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND TEJ RAM MEENA, ACCOUNTANT MEMBER) ITA NO.1991/AHD/2012 [ASSTT.YEAR : 2007-2008] THE GUJARAT STATE CO.OP. AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. OPP: NEHRU BRIDGE, ASHRAM ROAD AHMEDABAD 380 006. PAN : AAAAG 0281 E /VS. ITO, TDS-3 AHMEDABAD. ( (( (*+ *+ *+ *+ / APPELLANT) ( (( (,-*+ ,-*+ ,-*+ ,-*+ / RESPONDENT) .% / 0 &/ ASSESSEE BY : SHRI RAGHUBHA B. GOHIL ( / 0 &/ REVENUE BY : SHRI Y.P. VERMA 2 / %3'/ DATE OF HEARING : 5 TH NOVEMBER, 2012 456 / %3'/ DATE OF PRONOUNCEMENT : 07-12-2012 &7 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2007-2008 IS DIREC TED AGAINST THE ORDER OF THE CIT(A)-XXI, AHMEDABAD DATED 10.7.2012. 2. THE GROUNDS RAISED IN THE APPEAL OF THE ASSESSE E ARE AS UNDER: ITA NO.1991/AHD/2012 -2 1. THE CIT(A) HAS ERRED IN LAW AS WELL AS ON FACT IN NOT GRANTING CONDONATION OF DELAY ON FACTS AND CIRCUMST ANCES OF THE CASE AND DISMISSING APPEAL WITHOUT CONSIDERING THE MERITS OF THE CASE. THE CIT(A) OUGHT TO DECIDE APPEAL ON MERITS. 2. CIT(A) ERRED IN LAW AS WELL AS ON FACT IN CONFIR MING DEMAND U/S.201 AND 201(1A) MADE BY LD.AO OF RS.5,91 ,800/- & RS.1,32,920/- AND INTEREST THEREON. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE IN LIMINE WITHOUT CONSIDERING THE MERITS OF THE CASE BY NOT CONDONING THE DELAY I N FILING THE APPEAL BY ABOUT TEN MONTHS. HE SUBMITTED THAT THE ASSESSE E HAS FILED RECTIFICATION APPLICATION AND WAS AWAITING THE DECI SION OF THE SAME, RESULTING IN DELAY IN FILING THE APPEAL BEFORE THE CIT(A). THE LEARNED DR HAS OPPOSED THE SUBMISSIONS OF THE LEARNED COUNS EL OF THE ASSESSEE. HE RELIED ON THE ORDERS OF THE AO AND TH E CIT(A). 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND HAVE PE RUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT THE ASSESSEE HAS FILED RECTIFICATION APPLICATION AND WAS AWAITING THE DECI SION OF THE SAME, RESULTING IN DELAY IN FILING THE APPEAL BEFORE THE TRIBUNAL. THE REASONS ADVANCED BY THE ASSESSEE CONSTITUTE A BONA FIDE BELIEF ON THE PART OF THE ASSESSEE, AND THEREFORE THERE WAS SUFFICIENT CA USE IN FILING THE APPEAL LATE BY ABOUT TEN MONTHS BEFORE THE CIT(A). IN THESE FACTS OF THE CASE, WE HOLD THAT IT SHALL BE IN THE INTEREST OF JUSTICE TO SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW TO THE FILE OF THE AO WITH DIRECTION TO PASS DE NOVO ORDER ON MERITS, AFTER ALLOWING REASONABLE OPPORTU NITY OF HEARING TO THE ASSESSEE. WE DIRECT ACCORDINGLY. ITA NO.1991/AHD/2012 -3 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %& %& %& %& / TEJ RAM MEENA) &' ( &' ( &' ( &' ( /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT