T M Inputs and Services Private Limited , Secunderabad V. Income Tax Officer, Ward-2(4), Hyderabad

ITA 453/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8664 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-07-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 25-06-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 29-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S MURALI MOHAN
• Assessee Lawyers: J MARUTHI RAGHURAM
• Section: 143(3); 244A; 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER I.T.A. NO. 453/HYD/2019 ASSESSMENT YEAR: 2012-13 T.M.INPUTS AND SERVICES PRIVATE LIMITED, SECUNDERABAD [PAN: AAACT8336R] VS INCOME TAX OFFICER, WARD-2(4), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI J. MARUTHI RAGHURAM, AR FOR REVENUE : SHRI S. MURALI MOHAN, DR DATE OF HEARING : 25-06-2020 DATE OF PRONOUNCEMENT : 21-07-2020 O R D E R PER A. MOHAN ALANKAMONY, A.M. : THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE LD.CIT (A)-1, GUNTUR IN APPEAL NO.0038/CIT(A)-1/201 6-17, DATED 11/05/2017 PASSED U/S. 250(6) R.W.S. 143(3) OF THE ACT FOR THE AY 2012-13. 2. THE ASSESSEE HAS RAISED THREE GROUNDS IN ITS APP EAL HOWEVER, THE CRUX OF THE ISSUE IS THAT THE LD. CIT (A) HAS E RRED IN DISMISSING THE APPEAL OF THE ASSESSEE DUE TO THE DELAY OF 508 DAYS IN FILING THE 2 ITA NO.453/HYD/2019 APPEAL WITHOUT CONSIDERING THE GENUINE HARDSHIPS FA CED BY THE ASSESSEE. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E IS A LIMITED COMPANY ENGAGED IN THE BUSINESS OF RECRUITING MANPO WER TO ITS CLIENTS, FILED THE RETURN OF INCOME FOR THE AY 2012 -13 ON 27/09/2012 DECLARING NIL INCOME. THEREAFTER, THE CA SE OF THE ASSESSEE WAS TAKEN UP FOR SCRUTINY AND THE ASSESSME NT WAS COMPLETED U/S. 143(3) OF THE ACT VIDE ORDER DATED 2 8/11/2014 WHEREIN THE LD. AO MADE ADDITIONS TOWARDS INTEREST ON FDR, INTEREST ON INCOME TAX REFUND RECEIVED U/S. 244A OF THE ACT, BELATED PAYMENT OF PF AND ESI AND FURTHER COMPUTED TAX U/S. 115JB OF THE ACT. 4. AT THE OUTSET, THE LD. AR SUBMITTED BEFORE US TH AT THE LD. CIT (A) HAD DISMISSED THE APPEAL OF THE ASSESSEE DU E TO THE DELAY IN FILING THE APPEAL BY 508 DAYS WITHOUT CONSIDERIN G THE GENUINE REASONS STATED BY THE ASSESSEE. IT WAS THEREFORE PL EADED THAT THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE LD. CIT (A) IN ORDER TO PROVIDE ONE MORE OPPORTUNITY TO THE ASSESSEE TO PURSUE THE APPEAL BEFORE HIM. THE LD. AR FURTHER SUBMITTED THA T THE FINANCIAL POSITION OF THE ASSESSEE IS PRECARIOUS AND IF PROPE R OPPORTUNITY IS NOT PROVIDED TO THE ASSESSEE TO ARGUE THE APPEAL, I T WOULD CAUSE IRREPARABLE LOSS AND GREAT HARDSHIPS TO THE EXISTEN CE OF THE ASSESSEE COMPANY. THE LD. DR ON THE OTHER HAND VEHE MENTLY ARGUED STATING THAT THE ASSESSEE HAD NOT PRODUCED A NY EVIDENCE TO SUPPORT ITS CASE BEFORE THE LD. CIT (A) AND THE ASS ESSEE COMPANY HAD SHOWN SHEER CARELESSNESS AND CALLOUSNESS DURING THE COURSE 3 ITA NO.453/HYD/2019 OF APPELLATE PROCEEDINGS ON THE EARLIER INSTANCES. IT WAS THEREFORE REQUESTED THAT THE APPEAL OF THE ASSESSEE MAY BE DI SMISSED. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULL Y PERUSED THE MATERIALS ON RECORD. THOUGH WE FIND MERIT IN TH E SUBMISSION OF THE LD. DR, CONSIDERING THE FINANCIAL CRISIS FAC ED BY THE ASSESSEE AND THE RESULTANT DISTURBANCE CAUSED DUE TO THE SAM E, IN THE INTEREST OF JUSTICE, WE HEREBY REMIT THE MATTER BAC K TO THE FILE OF THE LD. CIT (A) WITH DIRECTION TO CONDONE THE DELAY IN FILING THE APPEAL BEFORE HIM AND THEREAFTER PASS APPROPRIATE O RDER IN ACCORDANCE WITH LAW AND MERIT AFTER PROVIDING PROPE R OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. WE ALSO HEREBY DIRE CT THE ASSESSEE AND ITS LD. AR TO PROMPTLY CO-OPERATE BEFORE THE LD . CIT (A) IN ORDER TO EXPEDITE THE PROCEEDINGS BEFORE HIM FAILING WHIC H THE LD.CIT(A) SHALL BE AT LIBERTY TO PASS APPROPRIATE ORDER BASED ON THE MATERIAL ON RECORD. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST JULY, 2020 SD/- SD/- ( P. MADHAVI DEVI ) ( A. MOHAN ALANKA MONY ) JUDICIAL MEMBER ACCOUNTANT MEMBE R HYDERABAD, DATED: 21-07-2020 OKK/TNMM 4 ITA NO.453/HYD/2019 COPY TO : 1. T.M.INPUTS AND SERVICES PVT. LIMITED, 1-8-303/48 /12, CAREER CENTRE, PRENDERGHAST ROAD, BEGUMPET, SECUNDERABAD. 2. THE INCOME TAX OFFICER, WARD-2(4), HYDERABAD. 3. THE CIT(APPEALS)-1, GUNTUR. 4. THE PR.CIT-2, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.