Smt. Mamta Rathi W/o Shri Akhilesh Rathi, Indore V. The Income Tax Officer 3(1), Indore

ITA 391/IND/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2720 (ITAT-INDORE)
• Duration Of Justice: 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 15-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: APARNA KARAN
• Keywords: Opportunity of being heard; Condonation of delay

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, SMC BENCH-I, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER ITA NO.391/IND/2010 AY: 2007-08 SMT. MAMTA RATHI W/O AKHILESH RATHI INDORE PAN ACZPR8941A ..APPELLANT V/S. ITO, WARD 3(1), INDORE ..RESPONDENT APPELLANT BY : SHRI RAM GILDA, ADVOCATE DEPARTMENT BY : SMT. APARNA KARAN, SR. DR ORDER THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE CHA LLENGING THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (AP PEALS) DATED 4.3.2010 ON THE GROUND THAT HE WAS NOT JUSTIFIED IN SUSTAINING THE RETURNED INCOME AT RS. 4,63,245/- AGAINST THE ACTUA L RETURNED INCOME OF RS.2,25,169/-. 2. DURING HEARING OF THIS APPEAL, THE LD. COUNSEL F OR ASSESSEE REQUESTED FOR CONDONATION OF DELAY OF TWO DAYS IN F ILING THE APPEAL BEFORE 2 THE TRIBUNAL ON THE GROUND THAT THE APPEAL WAS TO B E FILED ON OR BEFORE 13 TH JUNE, 2010 BUT 12 TH AND 13 TH JUNE, 2010 BEING SATURDAY AND SUNDAY, RESPECTIVELY, AND ON MONDAY THE CONCERNED P ERSON IN THE OFFICE OF THE ASSESSEE WAS ABSENT, THEREFORE, THE APPEAL C OULD BE FILED ON 15 TH JUNE, 2010. THE LEARNED SENIOR DR POINTED OUT THAT IT WAS THE DUTY OF THE COUNSEL FOR THE ASSESSEE TO FILE THE APPEAL IN TIME. ON PERUSAL OF RECORD AND AFTER HEARING THE RIVAL CONTENTIONS, SIN CE THE DELAY OF ONLY TWO DAYS, I FIND THAT THERE WAS A BONAFIDE REASON FOR T HE DELAY. THEREFORE, I CONDONE THE DELAY. 3. AS FAR AS MERIT OF THE CASE IS CONCERNED, THE LD . COUNSEL FOR ASSESSEE FILED A PAPER BOOK BY SUBMITTING THAT THE DOCUMENTS MENTIONED IN THE PAPER BOOK WERE ALSO FILED BEFORE THE AUTHORITIES BELOW. MY ATTENTION WAS INVITED TO STATEMENT OF COMPUTATIO N OF INCOME WHEREIN THE AMOUNTS OF RS.2,93,295/- AND RS.52,218/- HAVE B EEN MENTIONED. LIKEWISE, IN COMPUTATION OF TOTAL INCOME (PAGE 13 O F THE PAPER BOOK) THE AMOUNT OF RS. 2,38,077/- HAS BEEN MENTIONED AS BROU GHT FORWARD LOSSES CLAIMED TO BE SET OFF AGAINST RS. 5,63,245/- (BALAN CE AFTER SET OFF OF CURRENT YEARS LOSSES). LIKEWISE AT PAGE 30 OF THE PAPER BOOK, THE AMOUNT OF RS.10,85,927/- (TOTAL OF EARLIER YEARS L OSSES) AND THE AMOUNT OF RS.,2,38,077/- AS ADJUSTMENT OF LOSSES IN SCHEDU LE B HAS BEEN MENTIONED. IT WAS POINTED OUT THAT ALL THESE FACTS WERE POINTED OUT TO THE 3 LEARNED ASSESSING OFFICER. IN VIEW OF THESE FACTS, WITHOUT GOING INTO THE MERITS OF THE CASE, THE LEARNED ASSESSING OFFICER I S DIRECTED TO EXAMINE THE CLAIM OF THE ASSESSEE AND DECIDE THE SAME AFRES H AFTER GIVING THE ASSESSEE AN OPPORTUNITY OF BEING HEARD, IN ACCORDAN CE WITH LAW. THE ASSESSEE IS AT LIBERTY TO FURNISH EVIDENCE, IF ANY, IN SUPPORT OF ITS CLAIM. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LEARNED REPRESENTATIVES OF BOTH THE SIDES AT THE CONCLUSION OF HEARING ON 9 TH JULY, 2010. (JOGINDER SINGH) JUDICIAL MEMBER DATED: 9.7.2010 COPY TO: APPELLANT/RESPONDENT/CIT/CIT(A)/DR/GUARD F ILE D/-