Financial & Management Consultnt (P.) Ltd., New Delhi V. ACIT, Muzaffarnagar

ITA 3367/DEL/2008

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 53102 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 09-09-2011
• Assessment Year: 1985-1986
• Appeal Filed On: 11-11-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PRAKASH NARAIN
• Keywords: Condonation of delay
• Section: 68

Judgement Text

ITA NO. 3367/DEL/2008 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 3367/DEL/2008 A.Y. : 1985-86 FINANCIAL & MANAGEMENT CONSULTANT (P) LTD., C/O SHRI S.K. GARG, B-2/14, RAJOURI GARDEN, NEW DELHI 110 027 (PAN: F1/ACIT-CIR-2/MZR) VS. ACIT, CIRCLE - 2, MUZAFFARNAGAR (UP) (APPELLANT ) (APPELLANT ) (APPELLANT ) (APPELLANT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) ASSEESSEE BY : SH. PRAKASH NARAIN, ADV. DEPARTMENT BY : SH. ROHIT GARG, SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 09.3.2 006 PERTAINING TO ASSESSMENT YEAR 1985-86. 2. THE GROUNDS RAISED READ AS UNDER:- (I) THE ORDER PASSED BY THE LD. COMMISSIONER OF INC OME TAX (APPEALS) IS ILLEGAL AND AGAINST THE FACTS OF THE CASE. (II) THE LD. COMMISSIONER OF INCOME TAX (APPEALS) ER RED IN DISMISSING THE APPEAL IN LIMINE. (III) THE LD. COMMISSIONER OF INCOME TAX (APPEALS) ALS O ERRED IN DISMISSING THE APPEAL EVEN ON MERITS OF THE CASE. ITA NO. 3367/DEL/2008 2 (IV) THE LD. COMMISSIONER OF INCOME TAX (APPEALS) S OUGHT TO HAVE HELD THAT THE SUM OF ` 80,000/- BEING THE SHAR E APPLICATION MONEY COULD NOT BE HELD TO BE UNDISCLO SED INCOME OF THE APPELLANT WITHIN THE MEANING OF SEC. 68 OF THE IT ACT, 1961 AS THE ASSESSING OFFICER HAD HIMSE LF SAID THAT IT HAD BEEN RECEIVED FROM THE THIRD PARTIES. (V) THE APPELLANT PRAYS THAT CONSEQUENT RELIEF MAY ALSO BE ALLOWED FROM INTEREST LEVIED U/S 139(8) AND 217 OF THE IT ACT, 1961. (VI) THE APPELLANT ALSO PRAYS THAT IT MAY BE ALLOWE D TO MODIFY AND / OR ADD ANY OTHER GROUND / GROUNDS AS THE CIRCUMSTANCES OF THE CASE MAY REQUIRED OR JUSTIFY. 3. AT THE THRESHOLD, IT IS NOTICED THAT THERE IS A REQUEST FOR CONDONATION OF DELAY IN FILING THE APPEAL BY 951 D AYS. THE FACTUAL BACKGROUND LEADING TO THE DELAY HAS BEEN SUBMITTED A S UNDER:- IN THIS CASE THE LD. COMMISSIONER OF INCOME TAX (APPEA LS) HAS DISMISSED THE ASSESSEES APPEAL IN LIMINI FOR NO N- PROSECUTION. THEREAFTER, THE ASSESSEE FILED PETI TION U/S. 154 OF THE IT ACT WHICH WAS ALSO DISMISSED. THE ASS ESSEE FILED FURTHER APPLICATION DATED 30.11.2006, 13.3.20 08 AND 24.9.2008. THE LD. COMMISSIONER OF INCOME TAX (APPEA LS) NEITHER PASSED ANY ORDER U/S 154 NOR GIVEN REPLY. FINALLY, THE ASSESSEE FILED AN APPEAL BEFORE THE TRIBUNAL ON 11.11.2008. LD. COUNSEL OF THE ASSESSEE SUBMITTED T HAT THE ABOVE HAPPENED BECAUSE OF THE WRONG ADVICE FROM THE THEN COUNSEL. ITA NO. 3367/DEL/2008 3 4. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. WE DO NOT FIND ANY COGENCY IN THE SUBMISSIONS REGARDIN G THE DELAY. THERE IS NO EVIDENCE ON RECORD THAT THE SAME WAS ON THE ADVICE OF THE COUNSEL. THAT THE DELAY OCCURRED DUE TO REPEATED A PPLICATION BEFORE THE LD. COMMISSIONER OF INCOME TAX (APPEALS), DOES NO T HAVE ANY COGENCY. HENCE, IN OUR CONSIDERED OPINION, THERE IS NO COGENT REASON FOR DELAY IN FILING THE APPEAL IN THIS REGARD. HENCE, THIS APPEAL IS DISMISSED IN LIMINI AS TIME BARRED. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/11/2011. SD/- SD/- [ [[ [I.P. BANSAL I.P. BANSAL I.P. BANSAL I.P. BANSAL] ]] ] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 04/11/2011 SRB COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES