Shakuntala Daga, Ujjain V. ITO 2(2) Ujjain, Ujjain

ITA 251/Ind/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2185 (ITAT-INDORE)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 14-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANISH DAFRIA
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE (CONDUCTED THROUGH VIRTUAL COURT) BEFORE Ms. MADHUMITA ROY, JUDICIAL MEMBER & SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER I .T .A . N o .2 5 1 /I n d / 2 0 2 1 ( A s se ss m e n t Y e a r : 2 0 1 5 - 1 6 ) Sh a k u n t a l a D a g a 3 8 , C h a n d r a sh e k h a r M a r g N a g d a , U j ja in - 4 5 6 3 3 5 , M . P. V s. I T O 2 ( 2 ) U jj a i n , M a d h ya p r a d e sh PA N N o .A H G P D 1 3 3 3 E (Appellant) .. (Respondent) Appellant by : Shri Manish Dafria, A.R Respondent by : Shri P. K. Mitra, CIT D.R. D a t e o f H e a r i ng 21.06.2022 D a t e o f P r o no un c e m e nt 28.07.2022 O R D E R PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the assessee is directed against the order dated 23.03.2020 passed by the Ld. PCIT, Ujjain under Section 263 of the Income Tax Act (hereinafter referred to as “the Act”) arising out of the order dated 23.05.2017 passed by the ITO-2(2), Ujjain under Section 143(3) of the Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2015-16. 2. We have heard the rival submissions made by the respective parties, and we have also perused the relevant materials available on record. 3. There is a delay in filing the instant appeal before us. As submitted by the Ld. Counsel appearing for the assessee and supported by the affidavit ITA No.251/Ind/2021 Shakuntala Daga vs.ITO Asst.Year –2015-16 - 2 – filed by the assessee the appeal could not be filed by 23.05.2020 due to the pandemic Covic-19. However, the same may be condoned in the view of the order dated 23.09.2021 passed by the Hon’ble Supreme Court granting extension for filing of appeals commencing from dated 23.03.2020 to 27.04.2021. Such submission made by the Ld. A.R. fairly not been controverted by the Ld. D.R. Thus, having regard to the facts and circumstances of the case respectfully relying upon the order passed by the Hon’ble Apex Court we condone the delay in preferring the appeal before us by the assessee. 4. The brief facts leading to the case is this that the assessment under Section 143(3) of the Act was completed on 23.05.2017 upon assessing income of the assessee at Rs. 12,57,250/- as against the returned income of Rs. 12,31,490/-. On 28.02.2020 a show-cause notice under Section 263 was issued by the PCIT as to why the original assessment order should not be treated as erroneous and prejudicial to the interest of the Revenue. As per Form 26AS the assessee had total receipts of Rs. 3,25,60,929/- and an amount of Rs. 4,15,891/- was deducted at source which was claimed by the assessee in the return of income. The assessee had shown receipts of Rs. 3,02,90,260/- in the Profit & Loss Account. Accordingly, the Ld. PCIT contended that the assessee had shown less receipts of Rs. 22,70,669/- which deserves to be added to the total income of the assessee. However, it appears from the records the assessee filed the written notes of submission alongwith relevant documents before the Ld. PCIT and before the Ld. AO as well. In fact, a reconciliation statement has been submitted by the assessee before the Ld. AO reconciling the difference which has been