Shriram Life Insurance Company Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad

ITA 518/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2335 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 21-10-2021
• Assessment Year: 2007-2008
• Appeal Filed On: 23-09-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARUCHURI DINESH
• Assessee Lawyers: C S SUBRAMANYAM
• Keywords: Opportunity of being heard; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO. 518 /H/20 20 ASSESSMENT YEAR: 2 0 07 - 08 SHRIRAM LIFE INSURANCE COMPANY LTD., HYDERABAD. PAN AA JCS1033P VS. DY . COMMISSIONER OF INCOME - TAX , CIRCLE 3 ( 1 ), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI C.S. SUBRAMANYAM REVENUE BY: S HRI PARUCHURI DINESH DATE OF HEARING: 21 / 1 0/2021 DATE OF PRONOUNCEMENT: 26 / 10 /2021 O R D E R PER L.P. SAHU, A.M. : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST CIT(A) 4 , HYDERABADS ORDER DATED 3 1/0 7 /20 20 FOR AY 20 07 - 08 . 2 . BRIEFLY, THE FACTS OF THE CASE ARE THAT THE AGAINST THE CONSEQUENTIAL ORDER PASSED BY THE AO, DATED 15/10/2015 FOR THE IMPUGNED AY 2007 - 08, THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A) WITH A DELAY OF 1510 DAYS. THE CIT(A) DISMISSED THE APPEAL IN - LIM INE BY HOLDING THAT THE I TA NO. 518 /HYD /20 20 SHRIRAM LIFE INSURANCE COMPANY LTD., HYD . : - 2 - : ASSESSEE FAILED TO FILE FORMAL PETITION FOR CONDONATION OF DELAY AND AFFIDAVIT ALONG WITH SUPPORTING DOCUMENTARY EVIDENCES TO DEMONSTRATE THAT THERE WAS SUFFICIENT CAUSE FOR THE SAID DELAY IN FILING THE APPEAL WITHIN THE MEANING OF SECTION 249(3) OF THE ACT. 3. IN THE COURSE OF HEARING, IT WAS POINTED OUT BY THE LEARNED COUNSEL OF THE ASSESSEE THAT THE LEARNED CIT(A) HAD DECIDED THE MATTERS EX - PARTE WITHOUT CONDONING THE DELAY IN FILING THE APPEAL . THEREFORE, IT WOULD BE IN THE INTEREST OF JUSTICE, THE MATTER MAY BE RESTORED TO HIS FILE FOR DECIDING VARIOUS GROUNDS OF APPEAL ON MERITS. THE LD. AR UNDERTOOK TO PRODUCE ALL THE RELEVANT DOCUMENTS TO SUBSTANTIATE ASSESSEES CASE BEFORE THE CIT(A). THE LEARNED DR AGREED WITH THE AFORESAID STATEMENT OF THE LEARNED AR. 3 . WE HAVE CONSIDERED THE FACTS OF THE CASE AND THE REQUEST MADE BY THE LEARNED AR. WE ARE OF THE VIEW THAT INTEREST OF JUSTICE WILL BE SERVED IF THE MATTER IS RESTORED TO THE FILE OF F IRST APPELLATE AUTHORITY FOR DECIDING VARIOUS GROUNDS OF APPEAL OF THE ASSESSEE ON MERITS BY CONDONING THE DELAY IN FILING THE APPEAL BY THE ASSESSEE . ACCORDINGLY, THE CIT(A) IS DIRECTED TO AFFORD REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND T HEREAFTER DECIDE THE APPEAL S ON MERITS. WE DIRECT THE ASSESSEE TO APPEAR BEFORE CIT(A) WITH ALL THE RELEVANT EVIDENCES; AT ITS OWN RISK AND I TA NO. 518 /HYD /20 20 SHRIRAM LIFE INSURANCE COMPANY LTD., HYD . : - 3 - : RESPONSIBILITY TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. 4 . IN THE RESULT, APPEAL OF THE ASSESS EE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS . PRONOUNCED IN THE OPEN COURT ON 26 TH OCTOBER , 2021 . SD/ - SD/ - ( S.S. GODARA ) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 26 TH OCTOBER , 20 2 1 . K V C OPY TO : 1 SHRIRAM LIFE INSURANCE COMPANY LTD., PLOTS NO. 31 & 32, 5 TH FLOOR, RAMKY SELENIUM, FINANCIAL DISTRICT, GACHIBOWLI, HYDERABAD 500 0 32 2 D C IT CIRCLE 3 (1), HYDERABAD . 3 C I T(A) 3 , HYDERABAD. 4 PR. CIT 3 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE. S.NO. DETAILS DATE 1 DRAFT DICTATED ON 2 DRAFT PLACED BEFORE AUTHOR 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS 6 KEPT FOR PRONOUNCEMENT 7 FILE SENT TO BENCH CLERK 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER