Syed AF Ibrahim, CHENNAI V. ACIT Company Circle III(2), CHENNAI

ITA 673/CHNY/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2241 (ITAT-CHENNAI)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 15-03-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: P MUTHUSHANKAR
• Assessee Lawyers: R SRIDEVI
• Keywords: Gift; Condonation of delay; Set aside

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.673/CHNY/2019 ( [ [ / ASSESSMENT YEAR: 2006-07) SHRI SYED AF IBRAHIM, NO.48, 22B, HOPMAN FIRST STREET, ALANDUR, CHENNAI 600 016. VS THE ACIT, COMPANY CIRCLE III(2), CHENNAI - 34 PAN: AMXPS 9365B ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MS.R. SRIDEVI, CA / RESPONDENT BY : SHRI P. MUTHUSHANKAR, JCIT /DATE OF HEARING : 30.09.2019 /DATE OF PRONOUNCEMENT : 03.12.2019 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-11, CHENNAI IN ITA NO.192/13-14 DATED 29.06.2018 FOR THE ASSESSMENT YEAR 2006-07. 2 ITA NO.673/CHNY/2019 2. SHRI SYED AF IBRAHIM, THE ASSESSEE, FILED HIS RETURN FOR THE ASSESSMENT YEAR 2006-07. AS PER AIR INFORMATION, THE ASSESSEE HAD A TRANSACTION OF RS.13,56,000/- THROUGH STANDARD CHARTERED BANK TOWARDS WHICH THE ASSESSEE COULD NEITHER EXPLAIN NOR PRODUCE EVIDENCE AND HENCE THE ASSESSING OFFICER TREATED IT AS THE ASSESSEES INCOME AND ADDED TO HIS RETURNED INCOME. AGGRIEVED, THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A). THE LD.CIT(A) DISMISSED THE APPEAL. AGGRIEVED AGAINST THE ORDER OF THE LD.CIT(A), THE ASSESSEE FILED THIS APPEAL. 3. THE LD.AR INVITING OUR ATTENTION TO CONDONATION OF DELAY IN FILING THE APPEAL FOR 214 DAYS, SUBMITTED THAT THE ASSESSEE SUFFERED PHYSICAL ILLNESS AND WAS UNDER MEDICAL TREATMENT. FURTHER, ON ACCOUNT OF HUGE FINANCIAL LOSS, FAMILY ISSUES CROPPED UP AND ON ACCOUNT OF ALL OF THEM, THE ASSESSEE COULD NOT FILE APPEAL IN TIME AND THEREFORE, IT WAS PLEADED THAT THE DELAY IN FILING THE APPEAL MAY BE CONDONED AND DUE JUSTICE IS RENDERED. 4. WE HEARD THE RIVAL SUBMISSIONS AND CONDONE THE DELAY. 3 ITA NO.673/CHNY/2019 5. THE LD.AR PLEADED THAT THE ASSESSEE RETURNED INCOME WHICH COMPRISED INCOME FROM TRAVEL AGENCY, INSURANCE COMMISSION. THE TOTAL OF RECEIPTS FROM THE ABOVE SOURCES WAS RS.13,56,000/-. THE ASSESSING OFFICER WITHOUT CONSIDERING THAT THE RECEIPTS COMPRISED THE CLIENTS PAYMENT MADE TOWARDS THE AIR TICKETS, THE GIFT RECEIVED FROM HIS NRI BROTHER, ETC., ASSESSED THE ENTIRE CREDITS IN THE BANK ACCOUNT AND HENCE PLEADED THAT THE ASSESSMENT MADE U/S.143(3) BE SET ASIDE AND THE ASSESSING OFFICER BE DIRECTED TO ACCEPT THE RETURN. PER CONTRA, THE LD.DR SUPPORTED THE ORDERS OF THE LOWER AUTHORITIES. 6. WE HEARD THE RIVAL SUBMISSIONS. THE ASSESSMENT WAS MADE FOR THE REASON THAT THE ASSESSEE HAS FAILED TO EXPLAIN AND PROVE THE IMPUGNED TRANSACTIONS. SINCE, THE ASSESSEE IS ABLE TO EXPLAIN AND WILLING TO LET IN EVIDENCES TOWARDS HIS EXPLANATION, WE DEEM IT FIT TO REMIT THE ISSUES BACK TO THE ASSESSING OFFICER FOR A FRESH EXAMINATION. THE ASSESSEE SHALL LAY ALL MATERIALS IN SUPPORT OF HIS CONTENTION BEFORE THE ASSESSING OFFICER AND COMPLY WITH THE REQUIREMENTS OF THE ASSESSING OFFICER IN ACCORDANCE WITH LAW. THE ASSESSING OFFICER IS ALSO FREE TO CONDUCT APPROPRIATE ENQUIRY AS DEEMED FIT, HOWEVER, HE SHALL FURNISH DUE OPPORTUNITY TO THE ASSESSEE ON THE MATERIALS ETC., TO BE USED AGAINST THE ASSESSEE AND ON DUE 4 ITA NO.673/CHNY/2019 CONSIDERATION OF THE ASSESSEES CLARIFICATION / EXPLANATION SHALL PASS THE ORDER IN ACCORDANCE WITH LAW. 7. IN THE RESULT, THE ASSESSEES APPEAL IS TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON THE 3 RD DECEMBER, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 3 RD DECEMBER, 2019 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF ( . . . ) (N.R.S. GANESAN) / JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER