SIVAGURUNATHAN AISHWARYA, CHENNAI V. DCIT, TDA, CIRCLE-1, CHENNAI

ITA 915/CHNY/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0738 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 16-10-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 22-08-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Principle of natural justice; Condonation of delay; TDS; Set aside

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI ी वी. दुगा राव, माननीय ाियक सद एवं ी मंजूनाथा .जी, माननीय लेखा सद के सम BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER AND SHRI MANJUNATHA. G, HON’BLE ACCOUNTANT MEMBER आयकर अपील सं./ITA No.915/Chny/2023 िनधा रण वष /Assessment Year: 2016-17 Ms. Shivagurunathan Aishwarya, No.1, Velavan Street, West Kamakoti Nagar, Valasaravakkam, Chennai-600 028. [PAN: AOYPA 6962 M] v. The Dy. Commissioner- of Income Tax, TDS Circle-1, Chennai. (अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओर से/ Appellant by : Shri Girish Kumar, Adv. यथ क ओर से /Respondent by : Shri AR.V.Sreenivasan, Addl.CIT सुनवाई क तारीख/Date of Hearing : 17.10.2023 घोषणा क तारीख /Date of Pronouncement : 17.10.2023 आदेश / O R D E R PER MANJUNATHA.G, AM: This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), Income Tax Department, National Faceless Appeal Centre (NFAC), Delhi, dated 25.07.2023, and pertains to assessment years 2016-17 2. The brief facts of the case are that the assessee, Ms.Sivagurunathan Aiswarya, Proprietor of Shri Sairam Creations, Chennai, is assessed to Tax ITA No.915/Chny/2023 Ms.Shivagurunathan Aishwarya :: 2 :: Deduction at Source (in short “TDS") under the jurisdiction of the DCIT, TDS Cirlce-1(1), Chennai. The assessee is engaged in the business of production of feature films. During the course of TDS survey u/s.133(2A) of the Income Tax Act, 1961 (in short “the Act") on 08.03.2018, it was seen that the assessee has deducted TDS on various payments, but not remitted into the Government of India Account. Therefore, the AO has passed an order u/s.201 & 201(1A) of the Act on 26.03.2018, and computed short deduction of TDS and interest thereon. The assessee carried the matter in appeal before the First Appellate Authority and filed appeal on 31.05.2022. The Ld.CIT(A) noticed that although, there is a huge delay of 1492 days in filing of the appeal, but the assessee has not filed any petition for condonation of delay explaining reasons for delay in filing of the appeal. Therefore, dismissed the appeal filed by the assessee as unadmitted for want of proper petition for condonation of delay. Aggrieved by the order of the Ld.CIT(A), the assessee is in appeal before us. 3. The Ld.AR for the assessee submitted that the Ld.CIT(A) has dismissed the appeal filed by the assessee without giving proper opportunity of hearing in violation of principles of natural justice and also dismissed the appeal filed by the assessee as unadmitted for want of proper petition for condonation of delay. Therefore, he submitted that one more opportunity may be given to the assessee to go back to the file of the Ld.CIT(A) and file proper petition for condonation of delay. ITA No.915/Chny/2023 Ms.Shivagurunathan Aishwarya :: 3 :: 4. The ld.Sr.DR, Shri AR.V.Sreenivasan, Addl.CIT, on the other hand, submitted that the assessee is casual in his approach before the First Appellate Authority, which is evident from the fact that neither the assessee has mentioned the delay in Form No.35 nor filed any petition for condonation of delay. Therefore, the Ld.CIT(A) rightly dismissed the appeal filed by the assessee. 5. We have heard both the parties, perused the materials available on record and gone through orders of the authorities below. The Ld.CIT(A) has dismissed the appeal filed by the assessee as unadmitted in absence of proper petition for condonation of delay. It was the arguments of the assessee that the Ld.CIT(A) has dismissed the appeal filed by the assessee without allowing proper and reasonable opportunity of hearing. We find that the Ld.CIT(A) has issued notice u/s.250 of the Act, dated 18.07.2023 specifically pointing out the discrepancy of delay in filing of the appeal and asked the assessee to submit the reasons along with condonation petition by 24.07.2023. Since, the assessee has not filed any submissions, on 25.07.2023 the Ld.CIT(A) has dismissed the appeal filed by the assessee. From the above, it is abundantly clear that the Ld.CIT(A) has given only one opportunity of hearing to the assessee with a short notice of ‘7’ days to submit petition for condonation of delay and also explain the reasons for such delay. In our considered view, the Ld.CIT(A) has dismissed the appeal filed by the assessee without affording reasonable opportunity of hearing in violation of principles of natural justice. Thus, we set aside the order of ITA No.915/Chny/2023 Ms.Shivagurunathan Aishwarya :: 4 :: the Ld.CIT(A) and restore the issue back to the file of the Ld.CIT(A). The Ld.CIT(A) is directed to reconsider the appeal including delay in filing of the appeal in light of condonation petition, if any, may be filed by the assessee with reasons for delay and also decide the issue involved in the appeal on merits. 6. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on the 17 th day of October, 2023, in Chennai. Sd/- (वी. दुगा राव) (V. DURGA RAO) याियक सद य/JUDICIAL MEMBER Sd/- (मंजूनाथा.जी) (MANJUNATHA.G) लेखा सद य/ACCOUNTANT MEMBER चे ई/Chennai, दनांक/Dated: 17 th October, 2023. TLN आदेश क ितिलिप अ ेिषत/Copy to: 1. अपीलाथ /Appellant 3. आयकर आयु /CIT 5. गाड फाईल/GF 2. यथ /Respondent 4. िवभागीय ितिनिध/DR