ALTIUS SECURITIES TRADING PVT. LTD., CHENNAI V. DCIT, CC - 1 91), CHENNAI

ITA 419/CHNY/2020

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0779 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 18-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI Įी महावीर ͧसंह, उपाÚय¢ एवं Įी मनोज क ु मार अĒवाल, लेखा सदèय के सम¢ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 419/CHNY/2020 िनधाᭅरण वषᭅ /Assessment Year: 2008-09 Altius Securities Trading Pvt. Ltd., New No.11, Old No.5, Bishop Wallers Avenue (West), Mylapore, Chennai – 600 004. PAN: AACCA 4561D vs. The DCIT, Company Circle 1(1), Chennai. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : None ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri AR.V. Sreenivasan, Addl.CIT स ु नवाई कȧ तारȣख/Date of Hearing : 03.08.2022 घोषणा कȧ तारȣख/Date of Pronouncement : 03.08.2022 आदेश /O R D E R PER MAHAVIR SINGH, VICE PRESIDENT: This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-1, Chennai in ITA No.215/CIT(A)-1/2013-14 dated 13.12.2019. The assessment was framed by the DCIT, Company Circle – 1(1), Chennai for the 2 ITA No.419/Chny/2020 assessment year 2008-09 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’) vide order dated 26.11.2010. 2. At the outset, it is noticed that the appeal decided by CIT(A) is ex-parte and the appeal was dismissed as un-admitted due to the fact that the assessee has not filed condonation petition. The CIT(A) observed as under:- “Condonation of Delay: The assessment order u/s.143(3) of the Act for the A.Y. 2008-09 was dated 26/11/2010. The Notice of demand u/s.156 of the Act was dated 26/11/2010. As per section 249(2), the appeal should be presented within 30 days of service of notice of demand relating to the assessment. The appellant filed Form No.35 along with Statement of Facts and Grounds of Appeal on 31/1/2011. Hence, there has been a delay of more than one month in filing the appeal before the CIT(A) u/s.246A of the Act. It was noticed that the appellant has not filed a petition for condonation of delay. Hence, the appeal is treated as invalid.” It seems that the delay was of one month or so and the assessee was not allowed opportunity to file condonation petition before CIT(A). When these facts were confronted to ld. Senior DR, he could not controvert the same. None is present from assessee’s side despite service of notice. 3. After hearing ld. Senior DR and going through the facts of the case, we are of the view that the assessee should be allowed one more opportunity to file condonation petition before CIT(A) and 3 ITA No.419/Chny/2020 after that the CIT(A) will first decide on the issue of condonation of delay and in case he admits the appeal, he will adjudicate the issue on merits also. Therefore, the issue is set aside to the file of the CIT(A) and the appeal of the assessee is allowed for statistical purposes. 4. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 3 rd August, 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 3 rd August, 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.