Poonam Infotech Ltd., Vadodara V. The Dy. Commissioner of Income Tax, Circle-2(1)(2), Baroda

ITA 2360/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5802 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 14-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH SINGH
• Keywords: Condonation of delay

Judgement Text

, ,LK ,LK,LK ,LK- -- -,E ,E,E ,E- -- -LH LHLH LH IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD LOZJH IZNHI DQEKJ DSFM;K] YS[KK LNL; ,OA EGKOHN LOZJH IZNHI DQEKJ DSFM;K] YS[KK LNL; ,OA EGKOHN LOZJH IZNHI DQEKJ DSFM;K] YS[KK LNL; ,OA EGKOHN LOZJH IZNHI DQEKJ DSFM;K] YS[KK LNL; ,OA EGKOHN IZL KN] U;KF;D LNL; DS LE{KA IZLKN] U;KF;D LNL; DS LE{KA IZLKN] U;KF;D LNL; DS LE{KA IZLKN] U;KF;D LNL; DS LE{KA BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO.2360/AHD/2016 ( / ASSESSMENT YEAR : 2012-13) POONAM INFOTECH LTD., 84, MANGAL SAI, R.C. DUTT ROAD, ALKAPURI, VADODARA 390 005 / VS. DCIT, CIR 2(1)(2), BARODA. ./ ./ PAN/GIR NO. : AACCP 1467 H ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : WRITTEN SUBMISSION / RESPONDENT BY : SHRI SAURABH SINGH, SR. D.R. / DATE OF HEARING 22/03/2018 !'# / DATE OF PRONOUNCEMENT 22/03/2018 $% / O R D E R PER MAHAVIR PRASAD, JUDICIAL MEMBER : THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-2, VADODARA, VI DE APPEAL NO.CAB/(A)-2/117/15-16 DATED 29/06/2016 FOR THE ASS ESSMENT YEAR (AY) 2012-13. ITA NO.2360-AHD -2016 POONAM INFOTECH LTD. VS. DCIT ASST.YEAR 2012-13 - 2 - 2. FOLLOWING GROUNDS OF APPEAL HAS TAKEN BY THE ASS ESSEE: 1. THE LD.CIT (APPEALS-II HAS ERRED IN CONFIRMING THE ADDITION BY THE ASSESSING OFFICER BY REJECTING THE APPLICATION OF CONDONATION OF DELAY MAKING THE MISTAKE OF FACT IN INTERPRETING THE PASSPORT ENTRY OF THE DIRECTOR. 2. THE LD. CIT OUGHT TO HAVE ALLOWED UN PAID INTER EST ON LOAN BORROWED FROM COOPERATIVE CREDIT SOCIETY LTD UNDER SECTION 46B CLAUSE (D)(E) READ WITH EXPLANATION 4 OF THE INCOME TAX ACT. 3. IN THIS CASE, APPEAL WAS BELATED BY 60 DAYS. APP ELLANT CITED THE REASON THAT MANAGING DIRECTOR OF THE COMPANY WAS OU T OF COUNTRY BECAUSE OF THE SAID REASON AND APPEAL WAS FILED BEL ATEDLY BY 60 DAYS. IN SUPPORT OF HIS CONTENTION APPELLANT ALSO FILED COPY OF THE PASSPORT OF THE MANAGING DIRECTOR. 4. LD. CIT(A) DID NOT AGREE WITH THE CONTENTION OF THE APPELLANT HENCE, DISMISSED THE APPEALS EX PARTE WITHOUT CONDONING THE DELAY. 5. THE CIT(A) HAS REFERRED TO CONDONE THE DELAY OF 60 DAYS IN FILING APPEAL BEFORE HIM AND DISMISSED THE APPEAL SUMMARIL Y WITHOUT TOUCHING UPON MERITS. HOWEVER, WE FIND THAT THE ASSESSEE HAS SOMEWHAT DEMONSTRATED THE CASE FOR DELAY. THE BONAFIDE OF TH E ASSESSEE CAN BE SEEN FROM THE FACT THAT HE RUNS A SERIOUS RISK BY INDULG ING IN DELAY. THE DELAY IS NOT EXTRAORDINARY AND HAS NOT SHOWN TO HAVE CAUS ED PREJUDICE TO THE REVENUE. THEREFORE, WE CONDONE THE DELAY IN FILING THE APPEAL BEFORE ITA NO.2360-AHD -2016 POONAM INFOTECH LTD. VS. DCIT ASST.YEAR 2012-13 - 3 - CIT(A). CONSEQUENTLY, WE RESTORE THE MATTER BACK TO THE FILE OF THE CIT(A) FOR ADJUDICATION OF APPEAL ON MERITS. 6. HENCE, THE ORDER OF LD. CIT(A) IS SET ASIDE AND RESTORE TO THE FILE OF THE CIT(A) FOR DECIDING THE APPEAL ON MERITS. 7. IN THE RESULT, APPEAL FILED BY THE APPELLANT IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER PRONOUNCED IN OPEN COURT ON 22/03/2018 SD/- SD/- IZNHI DQEKJ DSFM;K IZNHI DQEKJ DSFM;K IZNHI DQEKJ DSFM;K IZNHI DQEKJ DSFM;K EGKOHJ IZLKN EGKOHJ IZLKN EGKOHJ IZLKN EGKOHJ IZLKN YKS[KK LN YKS[KK LN YKS[KK LN YKS[KK LNL; L; L; L; U;KF;D LNL; U;KF;D LNL; U;KF;D LNL; U;KF;D LNL; (PRADIP KUMAR KEDIA) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 22/03/2018 PRITI YADAV, SR.PS !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / CONCERNED CIT 4. ) () / THE CIT(A)-2, VADODARA. 5. ,-. //'( , '(# , 12$&$ / DR, ITAT, AHMEDABAD 6. .34 5 / GUARD FILE. % & / BY ORDER, , / //TRUE COPY// '/& () ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD