Navjyoti Commodity Management Services Ltd., Kolkata V. DCIT, Cir.11(2), Kolkata

ITA 470/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0058 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 06-08-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B (VIRTUAL COURT HEARING), BENCH KOLKATA BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI SANJAY GARG, JUDICIAL MEMBER I.T.A. NO.470/KOL/2020 ASSESSMENT YEAR: 2015-16 NAVJOTI COMMODITY MANAGEMENT SERVICES LTD...APPELLANT [PAN :AAACN9035F] DCIT-11(2), KOLKATA .......RESPONDENT APPEARANCES BY: SHRI SUSHIL PRANSHUKHA, A/R, APPEARED ON BEHALF OF THE APPELLANT. SHRI DHRUBOJYOTI ROY, JCIT, APPEARED ON BEHALF OF THE RESPONDENT. DATE OF CONCLUDING THE HEARING : DECEMBER 30, 2020 DATE OF PRONOUNCING THE ORDER : DECEMBER 30, 2020 ORDER PER J. SUDHAKAR REDDY :- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKATA (HEREINAFTER THE LD. CIT(A)), DATED 27.08.2019 PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE ASSESSMENT YEAR 2015-16. 2. THERE IS A DELAY OF 279 DAYS IN FILING OF THE APPEAL. THE ASSESSEE SUBMITS THAT THE DELAY WAS CAUSED DUE TO COMMUNICATION GAP DUE TO FACT THAT THE CFO OF THE COMPANY WAS TO CONSULT THE TAX ADVOCATE TO FILE AN APPEAL BEFORE THE ITAT. DUE TO COVID-19 PANDEMIC AND OTHER REASONS, THE APPEAL COULD NOT BE FILED IN TIME. HE PRAYED THAT THE DELAY BE CONDONED AND THE APPEAL BE ADMITTED AS THE ASSESSEE HAS DECIDED TO AVAIL VIVAD SE VISWAS SCHEME. THE LD. DR SUBMITS THAT HE DOES NOT HAVE ANY OBJECTION AS THE ASSESSEE WANTED TO AVAIL VIVAD SE VISWAS SCHEME. 2 I.T.A. NO.470/KOL/2020 ASSESSMENT YEAR: 2015-16 NAVJOTI COMMODITY MANAGEMENT SERVICES LTD 3. AFTER HEARING RIVAL SUBMISSIONS, WE ARE CONVINCED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM FILING OF THE APPEAL IN TIME. THUS, WE CONDONE THE DELAY AND ADMIT THE APPEAL. ORDERED ACCORDINGLY. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 30 TH DECEMBER, 2020. SD/- SD/- [ SANJAY GARG ] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 30.12.2020 RS COPY OF THE ORDER FORWARDED TO: 1 . NAVJOTI COMMODITY MANAGEMENT SERVICES LTD., 7, MUNSHI PREM CHAND SARANI, HASTINGS, KOLKATA. 2. DCIT-11(2), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), TRUE COPY BY ORDER ASSISTANT REGISTRAR , KOLKATA BENCHES