Shri.P.V. Thomas, Kottayam V. The ITO,Ward-5 , Kottayam

ITA 22/COCH/2022

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 1054 (ITAT-COCHIN)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 10-01-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 40A(3); 143(3); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Chandra Poojari, AM & Shri George George K, JM ITA No.22/Coch/2022 : Asst.Year 2015-2016 Sri.P.V.Thomas Pootharayil House Aymanam P.O. Kottayam – 686 015. PAN : ABHPV6078R. v. The Income Tax Officer Ward 4 Kottayam. (Appellant) (Respondent) Appellant by : Sri.Sreejith R Nair, Advocate Respondent by : Smt.J.M.Jammuna Devi, Sr.DR Date of Hearing : 02.08.2022 Date of Pronouncement : 02.08.2022 O R D E R Per George George K, JM : This appeal at the instance of the assessee is directed against CIT(A)’s order dated 06.08.2018. The relevant assessment year is 2015-2016. 2. There is a delay of 526 days in filing this appeal before the Tribunal. The assessee has filed an affidavit stating the reasons for belated filing of this appeal. It is stated that the assessee has challenged the appellate order before the Hon’ble High Court and the same was rejected on 26.02.2019. Thereafter the assessee entrusted the matter to the Tax Consultant for filing the present appeal before the Tribunal. However, due to Covid Pandemic situation, the appeal could be filed only on 10.01.2022. The learned DR was duly heard. WE ITA No.22/Coch/2022. Sri.P.V.Thomas. 2 have heard rival submissions on delay condonation petition. The assessee has challenged the appellate order before the Hon’ble Kerala High Court and the same was dismissed towards the end of February, 2019. The assessee was pursuing an alternative remedy and on dismissal of the same, because of national lockdown due to Covid Pandemic situation, the assessee was not in a position to file the appeal on time. Therefore, we see there is justifiable reason for belated filing of this appeal before the Tribunal and we condone the delay and proceed to dispose of the appeal on merits. 3. The brief facts in relation to the above case are as follows: The assessee an individual is a dealer in used cars. For the assessment year 2015-2016, the return of income was filed on 12.12.2015 declaring total income of Rs.13,54,160. The assessment u/s 143(3) of the I.T.Act was completed vide order dated 28.06.2017 by disallowing the cash payment of an amount of Rs.11,59,000 u/s 40A(3) of the I.T.Act. 4. Aggrieved, the assessee filed appeal before the first appellate authority. The CIT(A) noticed that the assessee had agreed to the addition of Rs.11,59,000 u/s 40A(3) of the I.T.Act. Since it was the agreed addition, the CIT(A) rejected the appeal of the assessee. 5. Aggrieved by the order of the CIT(A), the assessee has filed the present appeal before the Tribunal. The learned AR submitted that the matter may be remanded to the A.O. to ITA No.22/Coch/2022. Sri.P.V.Thomas. 3 prove the assessee’s case that addition u/s 40A(3) is not warranted. 6. The learned Departmental Representative supported the orders of the A.O. and the CIT(A). 7. We have heard rival submissions and perused the material on record. The order sheet entry of the A.O. dated 06.06.2017 has clearly stated that the assessee had agreed for the addition of Rs.11,59,000 u/s 40A(3) of the I.T.Act. The assessee’s AR has affixed signature on the order sheet entry. The assessee has not produced any evidence or document to show that the said addition is not warranted on the facts of the instant case. The Hon’ble High Court of Kerala in the case of Vamadevan Bhanu reported in 20 taxmann.com 679 had held that the addition cannot be challenged before the appellate authority when the assessee’s Authorised Representative had agreed to the addition before the A.O. Therefore, we see no merit in the appeal filed by the assessee and we dismiss the same. It is ordered accordingly. 8. In the result, the appeal filed by the assessee is dismissed. Order pronounced on this 02 nd day of August, 2022. Sd/- (Chandra Poojari) Sd/- (George George K) ACCOUNTANT MEMBER JUDICIAL MEMBER Kochi ; Dated : 02 nd August, 2022. Devadas G* ITA No.22/Coch/2022. Sri.P.V.Thomas. 4 Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT(A), Kottayam. 4. The CIT, Cochin. 5. The DR, ITAT, Cochin. 6. Guard File. Asst.Registrar/ITAT, Cochin