Saraswati Fincap (P) Ltd., New Delhi V. ITO, New Delhi

ITA 4451/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 91321 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 13-07-2015
• Assessment Year: 2000-2001
• Appeal Filed On: 25-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VASHANTAN SENIOR
• Keywords: Reasonable cause; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G : NEW DELHI) BEFORE SHRI J.S.REDDY, ACCOUNTANT MEMBER AND SHRI A.T. VARKEY, JUDICIAL MEMBER ITA NO.4451/DEL./2013 (ASSESSMENT YEAR : 2000-01) M/S. SARASWATI FINCAP (P) LTD., VS. ITO, WARD 7 (3), C/O SEHGAL MEHTA & COMPANY, NEW DELHI. 10173/2, ABDUL AZIZ ROAD, KAROL BAGH, NEW DELHI 110 005. (PAN : AABCS0847B) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI T. VASHANTAN , SENIOR DR DATE OF HEARING : 13.07.2015 DATE OF PRONOUNCEMENT : 17.07.2015 O R D E R PER A.T. VARKEY, JUDICIAL MEMBER : THIS IS A PENALTY APPEAL FILED BY THE ASSESSEE AG AINST THE ORDER OF THE LD. COMMISSIONER OF INCOME-TAX (APPEALS)-X, NEW DEL HI DATED 08.03.2013 PERTAINING TO THE ASSESSMENT YEAR 2000-0 1. 2. THE ASSESSEE HAS TAKEN THE FOLLOWING GROUNDS OF APPEAL :- 1. THAT ON THE FACTS AND CIRCUMSTANCE OF THE CASE AND IN LAW THE LEARNED CIT(A)X, NEW DELHI GROSSLY ERRED IN IMPOSING THE PENALTY OF RS. 5,46,700/- U/S 271(1)(C) OF THE ACT. THE APPELLANT WAS PREVENTED BY SUFFICIENT CAUSE FOR NOT ATTENDING THE PROCEEDINGS. 2. THE APPELLANT CRAVES TO LEAVE ADD, AMEND, , MODIFY ALL OR ANY OF THE GROUNDS BEFORE OR AT THE TIME OF APPEAL. ITA NO.4451/DEL./2013 2 3. WE FIND THAT THERE IS A DELAY OF 55DAYS FOR FILI NG THE INSTANT APPEAL. THE APPLICATION OF THE CONDONATION OF DELAY HAS BEE N GONE THROUGH . IN THE INTEREST OF JUSTICE, THE DELAY OF 55DAYS IS CONDON ED. 4. ON A PERUSAL OF THE IMPUGNED ORDER, WE FIND THAT SAME IS AN EX-PARTE ORDER AND THE GROUND OF THE ASSESSEE IS THAT DUE TO REASONABLE CAUSE, THE AR OF THE ASSESSEE COULD NOT ATTEND THE PENALTY APP EAL BEFORE THE LD CIT(A). 5. IN THE INTEREST OF JUSTICE, WE ARE INCLINED TO S ET-ASIDE THE ORDER OF THE LD. CIT(A) AND REMIT THE PENALTY APPEAL BACK TO THE FILE OF LD. CIT(A) TO DECIDE THE APPEAL AFTER GIVING OPPORTUNITY TO THE A SSESSEE 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON THIS 17 TH DAY OF JULY, 2015. SD/- SD/- (J.S. REDDY) (A.T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 17 TH DAY OF JULY, 2015 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-X, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.