MR DEBRAJ SHOME,MUMBAI V. THE COMMISSIONER OF INCOME TAX (APPEALS)-, MUMBAI

ITA 1863/MUM/2024

AI Insights

Mr. Debraj Shome, the Assessee, filed an appeal against the order of the National Faceless Appeal Center (NFAC)/Commissioner of Income Tax (Appeals) dated 14.07.2022 for the Assessment Year 2014-15. The appeal was initially delayed by 578 days, attributed to the Assessee's reliance on his former chartered accountant, who mishandled the case. Upon changing his chartered accountant, the Assessee was informed of the previous appeal's disposal and the opportunity to appeal to the ITAT. The ITAT condoned the delay subject to a deposit of Rs.11,000, considering the Assessee's intention to settle under the Vivad Se Vishwas Scheme, 2024. Consequently, the Assessee requested the withdrawal of the appeal, which was granted by the ITAT.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 33712 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R.R. MAKWANA; LD.
• Assessee Lawyers: ASHUTOSH; LD
• Section: 250

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “D”, MUMBAI BEFORE SHRI BR BASKARAN, ACCOUNTANT MEMBER AND SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No.1863/M/2024 Assessment Year: 2014-15 Mr. Debraj Shome 201/202, Navratnmala Co- operative HSG Soc. Ltd, CTS No. 6946, Cst Road, Back Side of Bandra Kurla Complex, Santacruz (East) Maharashtra -400098 PAN: AXMPS7375P Vs. The Commissioner of Income-tax (Appeals) ITO(33)(1)(4), BKC, Kautilya Bhavan Maharashtra (Appellant) (Respondent) Present for: Assessee by : Shri Ashutosh, Ld. A.R. Revenue by : Shri R. R. Makwana, Ld. D.R. Date of Hearing : 20.03.2025 Date of Pronouncement : 27.03.2025 O R D E R Per : Narender Kumar Choudhry, Judicial Member: This appeal has been preferred by the Assessee against the order dated 14.07.2022, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2014-15. ITA No.1863/MUM/2024 Mr. Debraj Shome 2 2. At the outset, we observe that there is a delay of 578 days in filing of the instant appeal, on which the Assessee has claimed that he is a practicing doctor and wholly dependent on his chartered accountant for all the financial and tax audit matters. Earlier CA who had handled the Assessee’s scrutiny assessment, also handled the appeal filed before the Ld. CIT(A) and therefore the Assessee was under good faith that his previous counsel/CA is handling the case properly and no decision has been made by the Ld. CIT(A) so far, however once the Assessee changed his CA due to lot of disputes and when the Income Tax Department had sent a notice for recovery demand, then only the Assessee changed his CA and contacted new CA who had brought to the notice of the Assessee that the appeal filed by the Assessee before the Ld. CIT(A) has already been disposed of vide order dated 14.07.2022 and now the appeal before the Hon'ble Tribunal/ITAT can be filed. Though the Assessee agreed that his ignorance could not be believed towards the delay, however, considering the veracity of the demand raised and the fact that the case of the Assessee is factually and legally covered, but still the Assessee intends to settle the dispute amicably through VSVS, 2024 and therefore the Assessee requests the Hon’ble Tribunal to condone the said delay of 578 days in filing of the instant appeal. ITA No.1863/MUM/2024 Mr. Debraj Shome 3 3. On the contrary, the Ld. D.R. refuted the claim of the Assessee. 4. We have given thoughtful considerations to the reasons stated by the Assessee for condonation of delay. The Assessee neither mentioned name of the previous counsel nor filed any document in order to substantiate his claim that lot of disputes have cropped up between the Assessee and his previous counsel/CA. The Assessee has made bald allegation against the professional which at all is not appreciable. However, considering the peculiar facts and circumstances of the case, as the Assessee intends to settle the dispute amicably through Vivad Se Vishwas Scheme, 2024 (in short “VSVS, 2024”) and in support of the contention of delay has also filed duly sworn affidavit and therefore we are inclined to condone the delay, however, subject to deposit of Rs.11,000 in the Revenue Department under “other head” within 15 days of receipt of this order. Thus, the delay of 578 days is condoned accordingly. 5. Coming to the merits of the case, as the Assessee has opted for VSVS, 2024 in order to settle the dispute amicably and therefore prayed for withdrawal of this appeal. 6. The Ld. D.R. did not refute the claim of the Assessee. ITA No.1863/MUM/2024 Mr. Debraj Shome 4 7. Considering the prayer of the Assessee the appeal is liable to be dismissed as withdrawn. 8. In the result, the appeal of the Assessee is dismissed as withdrawn. Order pronounced in the open court on 27.03.2025. Sd/- Sd/- (BR BASKARAN) (NARENDER KUMAR CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER * Kishore, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order Dy/Asstt. Registrar, ITAT, Mumbai. "