Doshi Chemicals Pvt. Ltd., Ahmedabad V. The ACIT, (OSD), Range-1, Ahmedabad

ITA 3160/AHD/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5409 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 17-12-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 06-11-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Keywords: Depreciation; Reasonable cause
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER DOSHI CHEMICALS PVT. LTD. 6 JASMIT DUPLEX, 22 PATEL SOCIETY, GULBAI TEKRA, ELLISBRIDGE, AHMEDABAD - 360015 PAN: AAACD5490I (APPELLANT) VS THE ACIT (OSD) , RANGE - 1, AHMEDABAD (RESPONDENT) REVENUE BY : S H RI L ALIT P. JAIN , SR. D . R. ASSESSEE BY: SHRI HARDIK VORA, A.R. DATE OF HEARING : 27 - 09 - 2 018 DATE OF PRONOUNCEMENT : 28 - 09 - 2 018 / ORDER P ER : AMARJIT SINGH, ACCOUNTAN T MEMBER : - THIS ASSESSEE S APPEAL FOR A. Y. 2006 - 07 , ARI SES FROM ORDER OF THE CIT(A) - 6, AHMEDABAD DATED 24 - 07 - 2 012 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE SOLITARY GROUND OF APPEAL OF THE ASSESSEE I S AGAINST THE ORDER OF THE LD. CIT(A) IN CONFIRMING THE DISALLOWANCE OF RS. 37,83,283/ - ON ACCOUNT OF DEPRECIATION. I T A NO . 3160 / A HD/20 15 A SSESSMENT YEAR 200 6 - 07 I.T.A NO. 3160 /AHD/20 15 A.Y. 2006 - 07 PAGE NO DOSHI CHEMICAL PVT. LTD. VS. ACIT 2 3 . AGGRIEVED ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). THE LD. CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE STATING THAT ASSESS EE H AS FAILED TO FULFILL THE VITAL CONDITION FOR ALLOWING DEPRECIATION. 4 . DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE US, IT WAS NOTICED THAT THERE WAS DELAY IN FILING OF THIS APPEAL BY 1131 DAYS . W HEN THE LD. COUNSEL WAS ASKED ABOUT THE REASON FOR DELAY IN FILING , HE HAS FURNISHED AN AFFIDAVIT DATED 26 - 09 - 2008 WHEREIN THE REASON FOR DELAY WAS MENTIONED BRIEFLY AS UNDER: - (I) T HE COMPANY WAS IN SEVERE FINANCIAL CRISIS. (II) THERE WAS LOSS EVEN AFTER ADDITION. (III) THE ISSUE UNDER CONSIDERATION WAS P URE LEGAL ISSUE. (IV) THE ISSUE ON MERIT WAS ALREADY DECIDED BY HIGH COURT. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTATIVE HAS CONTENDED THAT THE ASSESSEE HAS NOT STATED ANY GENUINE REASON FOR DELAY IN FILING THIS APPEAL. 5 . WE HAVE HEARD B OTH THE SIDES AND PERUSED THE MATERIAL ON RECORD AND OBSERVED THE ASSESSEE HAS FAILED TO SUBSTANTIATE THE INORDINATE DELAY IN FILING THIS APPEAL DUE TO ANY ANY BONA FIDE AND REASONABLE CAUSE . THEREFORE, LOOKING TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE FIND TH A T A SSESSEE HAS FAILED TO JUSTIFY THE CAUSE WITH SUPPORTING MATERIAL FOR ABNORM AL DELAY OF 1131 DAYS IN FILLING THIS APPEAL, THEREFORE, THERE IS NO GENUINE CIRCUMSTANCES UNDER WHICH THIS INORDINATE DELAY CAN BE CONDONED. ACCORDINGLY THE APPEAL O F THE ASSESSEE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 28 - 09 - 201 8 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 28 /09 /20 18 I.T.A NO. 3160 /AHD/20 15 A.Y. 2006 - 07 PAGE NO DOSHI CHEMICAL PVT. LTD. VS. ACIT 3 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,