The Nashik District Co-Op Agricultural Rural Multipurpose Dev Bank Ltd, Nashik V. Assistant Commissioner of Income-tax, Circle - 1, Nashik

ITA 2057/PUN/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6792 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 06-02-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 30-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED
• Keywords: Reasonable cause; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.2057/PUN/2017 / ASSESSMENT YEAR : 2013-14 THE NASHIK DISTRICT CO.OP. AGRICULTURAL RURAL MULTIPURPOSE DEVELOPMENT BANK LTD., VIKAS BHAVAN, SHIVAJI ROAD, NASHIK 422 002 PAN : AAATT5700A VS. ACIT, CIRCLE-1, NASHIK (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-1, NASHIK ON 01-06-2017 IN RELATION TO THE ASSESSMENT YEAR 2013-14. 2. THE ASSESSEE IS AGGRIEVED BY NON-CONDONATION OF DELAY OF 204 DAYS BY THE LD. CIT(A) IN PRESENTING THE APPEAL B EFORE HIM AND EVENTUALLY DISMISSING THE SAME. APPELLANT BY SHRI AJAY N. RATHI RESPONDENT BY SMT. ELSY MATHEW DATE OF HEARING 06-02-2020 DATE OF PRONOUNCEMENT 07-02-2020 ITA NO.2057/PUN/2017 THE NASHIK DISTRICT CO.OP. AGRICULTURAL RURAL MULTIPURPOSE DEVELOPMENT BANK LTD., 2 3. I HAVE HEARD THE RIVAL SUBMISSIONS AND GONE THROUGH TH E RELEVANT MATERIAL ON RECORD. THE LD. CIT(A) RECORDED IN PARA 3.1 OF THE IMPUGNED ORDER THAT THE ASSESSEE DID NOT FURN ISH ANY REASONS FOR THE DELAY. ON THE CONTRARY, AN AFFIDAVIT OF TH E MANAGING DIRECTOR OF THE ASSESSEE SOCIETY HAS BEEN FILED STATING THAT NO OPPORTUNITY WAS GRANTED BY THE LD. CIT(A) TO EXPLAIN THE REASONS FOR THE DELAY IN FILING THE APPEAL. IT HAS FURTHER BEEN ASSERTED IN THE AFFIDAVIT THAT THE APPEAL WAS INITIALLY NOT FILED ON THE ADVICE OF THE THEN CHARTERED ACCOUNTANT. IT WAS ONLY ON THE IMPOSITION OF PENALTY U/S.271(1)(C) THAT THE ASSESSEE CONSULTED ANOTHER CHARTERED ACCOUNTANT, WHO ADVISED FOR FILING OF THE EXTANT APPEAL. AFFIDAVIT OF THE EARLIER CHARTERED ACCOUNTANT HAS ALSO BEEN PLACED ON RECORD WHO ADVISED THE ASSESSEE NOT TO FILE APPE AL AGAINST THE ORDER. IN VIEW OF THESE FACTS, I AM SATISFIED THAT THERE WAS A REASONABLE CAUSE IN PRESENTING THE APPEAL BELATE DLY BEFORE THE LD. CIT(A). I, THEREFORE, CONDONE THE DELAY AND REMIT THE MATTER TO THE FILE OF LD. CIT(A) FOR DISPOSING IT AFRE SH ON MERITS AS PER LAW AFTER ALLOWING REASONABLE OPPORTUNITY O F HEARING TO THE ASSESSEE. ITA NO.2057/PUN/2017 THE NASHIK DISTRICT CO.OP. AGRICULTURAL RURAL MULTIPURPOSE DEVELOPMENT BANK LTD., 3 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH FEBRUARY, 2020. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 07 TH FEBRUARY, 2020 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-1, NASHIK 4. THE PR. CIT-1, NASHIK 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.2057/PUN/2017 THE NASHIK DISTRICT CO.OP. AGRICULTURAL RURAL MULTIPURPOSE DEVELOPMENT BANK LTD., 4 DATE 1. DRAFT DICTATED ON 06-02-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 06-02-2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -- JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -- JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *