Global Forgings Ltd., Hyd, Hyderabad V. Income Tax Officer, Ward-2(2), Hyderabad

ITA 595/HYD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66256 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 25-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V SRINIVAS
• Assessee Lawyers: P MURALI MOHANA RAO
• Keywords: Opportunity of being heard; Period of limitation; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NOS.595 &596/HYD/2012 ASSESSMENT YEARS : 2006-07 & 2008-09 GLOBAL FORGINGS LTD.,, HYDERABAD. .... APPELLANT PAN:AABCG 4822 A VS. ITO, WARD-2(2), HYDERABAD. RESPONDENT APPELLANT BY : SHRI P. MURALI MOHANA RAO RESPONDENT BY : SHRI V. SRINIVAS DATE OF HEARING : 02-08-2012 DATE OF PRONOUNCEMENT : 07-09-2012 ORDER PER SAKTIJIT DEY, J.M.: THESE TWO APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST SEPARATE ORDERS DATED 8 TH MARCH, 2012 OF CIT (A)-III, HYDERABAD AND THEY PERTAIN TO THE ASSESSMENT YEARS 2006-07 AND 2008-09. SINCE COMMON ISSUES ARE INVOLVED IN THESE TWO APPEALS, THESE ARE CLUBBED TOGETHER AND DISPOSED OF BY THIS COMBINED ORDER FOR THE SAKE OF CONVENIENCE. 2. THE SOLE ISSUE ON WHICH THE ASSESSEE HAS CONTES TED AGAINST THE ORDER PASSED BY THE CIT (A) IN DISMISSING THE A PPEAL OF THE ASSESSEE IS ON THE GROUND OF DELAY OF 23 AND 11 DAY S FOR THE 2 ITA NOS. 595 AND 596 OF 2012 GLOBAL FORGINGS LIMITED. ASSESSMENT YEARS 2006-07 AND 2008-09 RESPECTIVELY I N FILING THE APPEALS. 3. BRIEFLY THE FACTS ARE, THE ASSESSEE A LIMITED COMPANY DOING ITS BUSINESS OF TRADING IN STEEL PRODUCTS AND ENGIN EERING GOODS FILED RETURN OF INCOME ON 20-10-2006 FOR THE ASSESS MENT YEAR 2006-07, DECLARING INCOME OF RS.3,30,708/- AND ON 3 0-9-2008 FOR THE ASSESSMENT YEAR 2008-09 DISCLOSING TOTAL INCOME OF RS.5,07,130/-. THE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S 143 (3) ON 20-7-2009 BY DISALLOWING DEPRECIATIO N ON COMPUTERS AT RS.8,67,660/- RAISING DEMAND OF RS.4,3 6,706/- AND ON 31-12-2010 DETERMINING INCOME AT RS.4,00,30,383/ - RESPECTIVELY FOR THE ASSESSMENT YEARS UNDER CONSID ERATION. THE ASSESSEE CHALLENGED THE ASSESSMENT ORDER BY FIL ING AN APPEAL BEFORE THE CIT (A). IT APPEARS THAT THE APPEALS WE RE FILED WITH A DELAY OF 23 DAYS AND 11 DAYS RESPECTIVELY BEFORE TH E CIT (A). SINCE THE ASSESSEE DID NOT FILE ANY APPLICATION EXP LAINING THE DELAY AND SEEKING CONDONATION OF DELAY, THE CIT (A) PASSED AN ORDER DISMISSING THE APPEAL ON THE GROUND OF DELAY. 4. IN COURSE OF HEARING, THE LEARNED AR SUBMITTED PETITIONS FOR CONDONATION OF DELAY BEFORE US MENTIONING THAT THE ORDER IN RESPECT OF ASSESSMENT YEARS UNDER CONSIDERATION HAV E BEEN RECEIVED ON 20-7-2009 AND ON 31-12-2010 RESPECTIVEL Y. THE APPEALS COULD NOT BE FILED IN TIME AS THE PAPERS HA D BEEN MISPLACED BY ONE OF ASSESSEES OFFICE STAFF AND THE SAME WERE TRACED OUT AND THE APPEALS WERE FILED ON 11-9-2009 AND 11-23- 2011 RESPECTIVELY WITH DELAY OF 22 DAYS AND 11 DAYS FOR THE YEARS 2006-07 AND 2008-09 RESPECTIVELY HENCE, IT WASSUBM ITTED THAT DELAY IN THESE TWO APPEALS AS MENTIONED ABOVE MAY BE CONDONED AND THE APPEALS MAY BE ADMITTED FOR DISP OSAL ON MERIT BY TAHE CIT (A). 3 ITA NOS. 595 AND 596 OF 2012 GLOBAL FORGINGS LIMITED. 5. THE LEARNED DR HAS NO OBJECTION IF THE MATTER IS RESTORED BACK TO THE FILE OF THE CIT (A) BY GIVING AN OPPORT UNITY TO THE ASSESSEE TO EXPLAIN THE DELAYS FOR YEARS UNDER CONS IDERATION. 6. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES AND PERUSED THE MATERIAL ON RECORD. AFTER CONSIDERING THE SUBM ISSIONS MADE BY THE LEARNED AR, WE ARE SATISFIED THAT THE ASSESS EE DESERVES AN OPPORTUNITY TO EXPLAIN THE DELAY FOR FILING OF APPE ALS BEFORE THE CIT (A) FOR THE YEARS UNDER CONSIDERATION. WE THER EFORE DEEM IT FIT TO RESTORE THE MATTERS TO THE FILE OF THE CIT ( A) WHO SHALL CONSIDER THE ASSESSEES APPLICATION FOR CONDONATION OF DELAY AND IF HE IS SATISFIED THAT THERE WAS SUFFICIENT CAUSE FOR NOT FILING THE APPEALS WITHIN THE PERIOD OF LIMITATION, THEN HE WI LL CONDONE THE DELAY AND HEAR THE APPEALS ON MERIT. THE CIT (A) S HALL AFFORD A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESS EE FOR THE YEARS UNDER CONSIDERATION. 7. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 07-09-2012. SD/- SD /- (CHANDRA POOJARI) ACCOUNTANT MEMBER (SAKTIJIT DEY) JUDICIAL MEMBER HYDERABAD, DATED THE 7 TH SEPT., 2012. 4 ITA NOS. 595 AND 596 OF 2012 GLOBAL FORGINGS LIMITED. COPY TO:- 1) C/O P. MURALI & KRISHNA, CAS, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD. 2) ITO, WARD-13(1), HYDERABAD. 3) THE CIT (A)-III, HYDERABAD 4) THE CIT CONCERNED, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABA D. JMR* 5 ITA NOS. 595 AND 596 OF 2012 GLOBAL FORGINGS LIMITED.