M/S. Swaviman Services Pvt. Ltd., Howrah V. I.T.O., Ward - 12(2), Kolkata, Kolkata

ITA 773/KOL/2022

AI Insights

The case involves M/s. Swaviman Services Private Limited appealing against the order of the Commissioner of Income Tax (Appeals)-4, Kolkata, concerning the Assessment Year 2014-15. The appeal was directed against the order passed under section 250 of the Income Tax Act, 1961, which dealt with issues related to share application money and share premium amounting to Rs.1,57,00,000. The Tribunal highlighted the significant delay in filing the appeal and the absence of the appellant during the hearings, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 132514 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-02-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 26-12-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 250

Judgement Text

| आयकर अपीलȣय अͬधकरण Ûयायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE JUDICIAL MEMBER & DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 773/Kol/2022 Assessment Year: 2014-15 M/s. Swaviman Services Private Limited 84, Panchanantal Road 2 nd Floor, Block-A Flat No. 204 Liluah Howrah - 711204 [PAN : AADCS5897D] Vs Income Tax Officer, Ward- 12(2), Kolkata अपीलाथȸ/ (Appellant) Ĥ× यथȸ/ (Respondent) Assessee by : None Revenue by : Shri P.P. Barman, Addl. CIT, Sr. D/R स ु नवाई कȧ तारȣख/Date of Hearing : 16/02/2023 घोषणा कȧ तारȣख /Date of Pronouncement: 22/02/2023 आदेश/O R D E R PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The present appeal is directed at the instance of the assessee against the order of the learned Commissioner of Income Tax (Appeals)-4, Kolkata (hereinafter the “ld. CIT(A)”) dated 27/12/2019, passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), for Assessment Year 2014-15. 2. At the outset, we find that there is a delay of 1037 days in filing of the appeal before this Tribunal. Even if we exclude the period of delay falling during the time of Pandemic of Covid-19 as directed by the Hon’ble Supreme Court in the case of suo moto Writ Petition (C) No. 3 of 2020 dated 10.01.2022 for the period from 15.03.2020 to 28.02.2022, it would not come to the aid of the assessee. The assessee has not filed any petition for condonation of this inordinate delay in filing of this appeal before the Tribunal. I.T.A. No. 773/Kol/2022 Assessment Year: 2014-15 M/s. Swaviman Services Private Limited 2 On the last date of hearing i.e., on 14/02/2023, a last opportunity of hearing was granted to the assessee but today when the case was called for hearing, none appeared on behalf of the assessee. Even before the ld. First Appellate Authority, no compliance was made neither any reply was filed to explain the identity and creditworthiness of the creditors and genuineness of the transactions in respect of share application money and share premium amounting to Rs.1,57,00,000/-. 3. In view of the above, we find that in the first place assessee is not interested in prosecuting this appeal and secondly, the Tribunal takes cognizance of the inordinate delay which cannot be condoned in the facts and circumstances of the case. Accordingly, we deem it fit to dismiss this appeal of the assessee as time barred. 4. In the result, appeal of the assessee is dismissed. Order pronounced in the Court on 22 nd February, 2023 at Kolkata. Sd/- Sd/- (SANJAY GARG) (DR. MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER Kolkata, Dated 22/02/2023 *SC SrPs I.T.A. No. 773/Kol/2022 Assessment Year: 2014-15 M/s. Swaviman Services Private Limited 3 आदेश कȧ ĤǓतͧलͪप अĒेͪषत/Copy of the Order forwarded to : 1. अपीलाथȸ / The Appellant 2. Ĥ×यथȸ / The Respondent 3. संबंͬधत आयकर आय ु Èत / Concerned Pr. CIT 4. आयकर आय ु Èत)अपील (/ The CIT(A)- 5. ͪवभागीय ĤǓतǓनͬध ,आयकर अपीलीय अिधकरण, कोलकाता/DR,ITAT, Kolkata, 6. गाड[ फाईल /Guard file. आदेशान ु सार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलȣय अͬधकरण ITAT, Kolkata