SP COAL RESOURCES PVT. LTD., CHENNAI V. ACIT CORPORATE CIRCLE 6(2), CHENNAI

ITA 2379/CHNY/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7184 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2016-2017
• Appeal Filed On: 21-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Opportunity of being heard; Set aside
• Section: 68; 143(3); 40(a)(ia)

Judgement Text

आयकर अपीलीय अिधकरण, ‘सी’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI Įी महावीर ͧसंह, उपाÚय¢ एवं ᮰ी मनोज कुमार अᮕवाल, लेखा सद᭭य के समᭃ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 2379/CHNY/2019 Ǔनधा[रण वष[ /Assessment Year: 2016-17 M/s. SP Coal Resources Pvt. Ltd., SMJ Parrys Plaza, 4 th Floor, Old No.28, New No.12, 2 nd Line Beach Road, Chennai – 600 001. PAN : AAOCS 3138G v. The ACIT, Corporate Circle 6(2), Chennai. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Shri Anandd Babunath, FCA ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri P. Sajit Kumar, JCIT स ु नवाई कȧ तारȣख/Date of Hearing : 13.06.2022 घोषणा कȧ तारȣख/Date of Pronouncement : 15.06.2022 आदेश /O R D E R PER MAHAVIR SINGH, VP: This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals)-15, Chennai in ITA No.178/2018-19/CIT(A)-15 dated 26.06.2019. The Assessment was framed by the ACIT, Corporate Circle 6(2), Chennai U/s 143(3) of the 2 I.T.A. No. 2379/CHNY/2019 Income Tax Act, 1961 (hereinafter ‘the Act’) for the A.Y. 2016-17 vide order dated 10.12.2018. 2. At the outset, the ld.counsel for the assessee before us stated that the issue contested before CIT(A) was as under:- a) Disallowance u/s.40A(3) b) Unexplained cash credit u/s 68 c) Disallowance u/s 40(a)(ia) The ld.counsel then took us through the order of CIT(A) and stated that the CIT(A) has not adjudicated the appeal and dismissed the appeal as un-admitted because there was a delay of 11 days. He narrated that the CIT(A) dismissed as the assessee could not file delay condonation application supported by documentary evidences. He then stated that the CIT(A) first dismissed the appeal as un-admitted then went on adjudicating the appeal on merits also. He took us through the entire CIT(A) order. When these facts were confronted to ld. Senior DR, he supported the orders of lower authorities. 3. After hearing rival contentions and going through the facts of the case, we set aside the order of CIT(A) for the reason that he cannot dismiss the appeal as un-admitted and simultaneously go on to decide the issues on merits. However, it seems that there is a delay of 11 days only and he has not allowed opportunity of being heard to the 3 I.T.A. No. 2379/CHNY/2019 assessee to file condonation petition as well as supporting documents. Hence, we set aside the order of CIT(A) and remand the matter back to his file for first deciding the delay condonation and allow opportunity to file condonation petition on the next date of hearing. In case, the CIT(A) condones the delay, then he can decide the issues on merits as per law after allowing reasonable opportunity of being heard to the assessee. 4. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 15 th June, 2022 at Chennai. Sd/- Sd/- (मनोज कुमार अᮕवाल) (MANOJ KUMAR AGGARWAL) लेखा सद᭭य /ACCOUNTANT MEMBER (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 15 th June, 2022 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ (अपील)/CIT(A) 4. आयकर आयुᲦ /CIT 5. िवभागीय ᮧितिनिध/DR 6. गाडᭅ फाईल/GF.