Sameer Ashok Joshi, Nashik V. Assistant Commissioner of Income-tax, Circle - 1, Nashik

ITA 572/PUN/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0024 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-01-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 27-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause
• Section: 154; 119

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE – VIRTUAL COURT BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER आयकर अपील सं. / ITA No.572/PUN/2018 िनधाᭅरण वषᭅ / Assessment Year: 2013-14 Sameer Ashok Joshi, Raghukul Building, Pimpalgaon (B), Tal. Niphad, Dist.- Nashik – 422209. PAN : ACXPJ6376R Vs. ACIT, Circle-1, Nashik. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of ld. Commissioner of Income Tax (Appeals)- 1, Nashik [‘CIT(A)’ for short] dated 21.10.2016 for the assessment year 2013-14. 2. There is delay of 445 days in filing the present appeal before the Tribunal. Before us, the ld. AR submitted that the delay had occurred on account of wrong advice given by Income Tax Assessee by : Shri Sanket M. Joshi Revenue by : Shri M. J. Jasnani Date of hearing : 17.01.2022 Date of pronouncement : 18.01.2022 ITA No.572/PUN/2018 2 Practitioner (ITP), namely, Mr. Pradeep Pardeshi that the remedial of action against the assessment order, wherein the addition of profit from partnership firm is made, can be pursue under the proceedings of section 154 of the Income Tax Act, 1961 (‘the Act’). An affidavit from the said ITP is also filed before us. It is only on the second opinion by another Chartered Accountant, namely, Shri Sanket M. Joshi that the present appeal has been filed with the delay of 445 days. The ld. AR submitted that the delay is neither deliberate nor intentional on the part of the appellant. He further placed reliance on the following decisions in support of the proposition where the delay had occurred on account of wrong advice given by the Counsel, constitutes sufficient reasonable cause for condoning the delay in filing the appeal :- (i) Faisal Hameed vs. ITAT, 83 DTR 10 (J&K). (ii) Madura Coats Ltd. vs. CCE, 119 CTR 63 (SC). (iii) L. Sohanraj & Ors. vs. DCIT, 260 ITR 155 (Kar.). (iv) O.A.O.A.M. Muthiah Chettiar vs. CIT, 19 ITR 402 (Mad.). (v) Venkatadri Traders Ltd. vs. CIT, 248 ITR 681 (Mad.) 3. On the other hand, ld. CIT-DR opposed the condonation of delay. ITA No.572/PUN/2018 3 4. We heard the rival submissions and perused the averments made in the affidavit. The averments made in the affidavit were not controverted by the ld. CIT-DR. Therefore, we satisfied that the delay in filing the present appeal was occurred on account of wrong advice given by the ITP which constitute reasonable cause for condonation of delay. In view of the above judicial precedents, relied upon by the ld. AR for the assessee, we condone the delay of 445 days and admit the appeal for adjudication. 5. On the merits of the issue in appeal, the provisions of section 10(2A) of the Act provides that the income from share of profits for the partnership firm is not taxable in the hands of the partner only. However, since the assessee had not produced evidence before the Assessing Officer as well as the ld. CIT(A) in support of the contention that a sum of Rs.7.44 lakhs represents the income form share of profit from the partnership firm, we remand the matter to the file of the Assessing Officer to verify whether the said sum in question represents the share of profit from the partnership firm, if so found, delete the addition of Rs.7.44 lakhs. Thus, the issue raised in the grounds of appeal stands partly allowed for statistical purposes. ITA No.572/PUN/2018 4 6. In the result, the appeal filed by the assessee stands partly allowed for statistical purposes. Order pronounced on this 18 th day of January, 2022. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 18 th January, 2022. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-1, Nashik. 4. The Pr. CIT-1, Nashik. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “B” बᱶच, पुणे / DR, ITAT, “B” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.