LOVELY FRAGRANCE, MUMBAI V. CIT 20, MUMBAI

ITA 5772/MUM/2012

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6014 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-04-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 17-09-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R P MEENA LD
• Assessee Lawyers: PRATEEK JAINLD
• Section: 143(3); 263

Judgement Text

ITA NO.5772/MUM/2012 LOVELY FRAGRANCE ASSESSMENT YEAR-2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI . , , BEFORE SHRI C.N. PRASAD, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.5772/MUM/2012 ( / ASSESSMENT YEAR: 2007-08) LOVE LY FRAGRANCE A/107, BAKERS FIELD SHASTRI NAGAR ANDHERI(W) MUMBAI-400 705 / VS. COMMISSIONER OF INCOME TAX - 20(1) PIRAMAL CHAMBERS, 3 RD FLOOR MUMBAI !' ./ ./ PAN/GIR NO.AAAFL-1837-E ( '$ /APPELLANT ) : ( %'$ / RESPONDENT ) REVENUE BY : R.P.MEENA, LD. DR ASSESSEE BY : PRATEEK JAIN, LD.AR / DATE OF HEARING : 12/07/2018 / DATE OF PRONOUNCEMENT : 12/07/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [A Y] 2007-08 CONTEST THE INVOCATION OF JURISDICTION U/S 263 BY L D. COMMISSIONER OF INCOME-TAX-20 [CIT] VIDE ORDER DATED 01/11/2010. THE ORIGINAL ASSESSME NT WAS COMPLETED U/S 143(3) ON 22/09/2009 ACCEPTING TH E RETURNED LOSS OF RS.64.73 LACS. SUBSEQUENTLY, THE SAID ORDER HAS BEE N SUBJECTED TO 2 ITA NO.5772/MUM/2012 LOVELY FRAGRANCE ASSESSMENT YEAR-2007-08 REVISIONAL JURISDICTION U/S 263 BY LD. CIT FOR THE REASONS STATED THEREIN. THE ASSESSEE, BY WAY OF THIS APPEAL, HAS CHALLENGED THE JURISDICTION U/S 263. 2. THE REGISTRY HAS NOTED THAT THE APPEAL HAS BEEN FILED WITH A DELAY OF 605 DAYS. THE LD. AUHTORIZED REPRESENTATIVE FOR ASS ESSEE [AR], SHRI PRATEEK JAIN HAS PLEADED FOR CONDONATION OF THE SAME ON THE STRE NGTH OF CONDONATION PETITION DATED 13/09/2012 ALONG WITH AF FIDAVIT OF ONE OF THE PARTNER OF THE ASSESSEE FIRM AS WELL AS CHARTERED ACCOUNTANT / TAX CONSULTANT OF ASSESSEE FIRM NAMELY CA. SHRI B.N.SHAH & ADVOCATE SHRI NARESH JAIN. THE SAME HAS BEEN VEHEMENTLY OPPOSED BY LD. DEPARTM ENTAL REPRESENTATIVE [DR], SHRI R.P.MEENA BY PLEADING THAT EACH DAYS DELAY WAS REQUIRED TO BE EXPLAINED AND THERE WAS NO SUFFICIEN T CAUSE DEMONSTRATED BY THE ASSESSEE. IT HAS ALSO BEEN BROUGHT TO THE NOTIC E OF THE BENCH THAT THE IN CONSEQUENTIAL PROCEEDINGS, THE ASSESSEE HAS GOT REL IEF FROM FIRST APPELLATE AUTHORITY WHICH HAS BEEN CONFIRMED BY THIS TRIBUNAL VIDE ITA NO. 1516/MUM/2014 DATED 09/01/2017, A COPY OF WHICH HAS BEEN PLACED ON RECORD. 3. UPON PERUSAL OF CONDONATION PETITION & OTHER DOC UMENTS, WE FIND THAT THE ASSESSEE RECEIVED THE IMPUGNED ORDER ON 22/11/2 010 AND THE DELAY IN FILING THE APPEAL HAS BEEN ATTRIBUTED TO COMMUNICATION GAP BETWEEN CO- COORDINATING CHARTERED ACCOUNTANT MR. B.N.SHAH AND REPRESENTING CHARTERED ACCOUNTANT MR. NARESH JAIN, BOTH PRESUMING THAT OTHER MUST HAVE FILED THE APPEAL. THE ABOVE REASON, IN OUR OPI NION, REFLECT THE UTTER NEGLIGENCE AND CASUAL APPROACH ADOPTED BY THE ASSES SEE AS WELL AS 3 ITA NO.5772/MUM/2012 LOVELY FRAGRANCE ASSESSMENT YEAR-2007-08 PROFESSIONALS HANDLING THE ASSESSEES MATTER. THE P LEA OF COMMUNICATION GAP AS TAKEN BY LD. AR IN CONDONATION PETITION DOES NOT CONVINCE US, IN ANY MANNER, TO CONDONE THE DELAY AND THE SAME IS BEREFT OF ANY MERITS. NO SUFFICIENT CAUSE HAS BEEN DEMONSTRATED BEFORE US SO AS TO WARRANT THE CONDONATION OF DELAY. RESULTANTLY, WE DISMISS THE A SSESSEES APPEAL, BEING TIME-BARRED BY LAW. 4. IN NUTSHELL, THE APPEAL STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH JULY, 2018 SD/- SD/- (C.N.PRASAD) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 12.07.2018 SR.PS:-THIRUMALESH / COPY OF THE ORDER FORWARDED TO : 1. ()*+,- / THE APPELLANT 2. 123,- / THE RESPONDENT 3. 73873 9: ) ()*+ ( / THE CIT(A) 4. 73873 9: / CIT CONCERNED 5. CDEF*31G:GHI , 738()*+K3(HI8L , / DR, ITAT, MUMBAI 6. FNOP+ / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) ./01 , / ITAT, MUMBAI