ITA 125/CHNY/2020 | 2012-13
Pronouncement Date: 08-11-2021 | Result: Allowed

Appeal Details

RSA Number 12521714 RSA 2020
Assessee PAN AAEFR9407J
Bench Chennai
Appeal Number ITA 125/CHNY/2020
Duration Of Justice 1 year(s) 9 month(s) 19 day(s)
Respondent ACIT, CIRCLE - 3 (1),, TRICHY
Appeal Type Income Tax Appeal
Pronouncement Date 08-11-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Assessment Year 2012-13
Appeal Filed On 19-01-2020
Judgment Text
आयकर अपीलीय अिधकरण ‘बी’ (एस एम सी) ᭠यायपीठ चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ (SMC) BENCH CHENNAI Įी महावीर ͧसंह उपाÚय¢ के समᭃ BEFORE SHRI MAHAVIR SINGH VICE PRESIDENT आयकर अपील सं./ITA No.: 125/CHNY/2020 िनधाᭅरण वषᭅ /Assessment Year: 2012-13 M/s. Ramani Timber Corporation No.3/132-A Thanjavur Road Opp to UDC Kattur Trichy – 620 019. PAN : AAEFR 9407J v. The ACIT Circle -3(1) Trichy. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : None ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri B. Sajive JCIT स ु नवाई कȧ तारȣख/Date of Hearing : 09.11.2021 घोषणा कȧ तारȣख/Date of Pronouncement : 09.11.2021 आदेश /O R D E R This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-1 Trichy in ITA No.138/2018-19/CITA(A)-1/TRY vide order dated 16.09.2019. The Assessment was framed by ACIT Circle-3(1) Trichy for the assessment year 2012-13 vide order dated 31.12.2018 U/s 143(3) r.w.s. 147 of the Income Tax Act 1961 (hereinafter ‘the Act’). 2. At the outset it is noticed that the assessee has filed written submissions and requested for deciding the appeal on the basis of written submissions. 2 I.T.A. No.125/Chny/2020 3. This appeal by the assessee is delayed by 37 days and reasons stated in affidavit along with condonation petition was that Managing Partner of the firm went to Gujarat to meet his relatives for a family function in Kutch region. Since the Patidhar agitation broke out paralyzing movement of trains the Managing Partner could not return to Trichy city in time and appeal could not be filed. It was requested that the delay of 37 days be condoned as there was a reasonable cause. When these facts were confronted to the ld.senior Department Representative he could not controvert the above facts. Seeing the reasons I find that there is a reasonable cause for delay in filing the appeal and hence I condone the delay and admit the appeal. 4. I have gone through the order of CIT(A) and noticed from the findings recorded in Para 3.6 & 3.7 that simply he confirmed the action of the AO without considering anything. The relevant findings of CIT(A) reads as under:- “3.6 The assessee agitates very fact of the Assessing Officer asking for cash flow and states that cash flow statements are necessary when there are too many transactions and in this case there are no such complexities and hence non-filing of cash flow or filing of the same in income tax return and not before the Assessing Officer should be the sufficient compliance. 3.7 It is seen that assessee has taken a rhetorical and an argumentative stand and does not directly comment on failure to produce cash flow or to show that cash introduced in the firm was 3 I.T.A. No.125/Chny/2020 the same as was received by partners from their relatives in form of gift. As source of introduction of capital in the firm is not proved the action of the AO to add the same to the income of firm as unexplained cash credit cannot be faulted.” 5. When these facts were confronted to ld. senior Department Representative he stated that matter can be referred back to the file of the CIT(A) for allowing one more opportunity to the assessee and for passing a speaking order by the CIT(A). 6. After hearing ld. senior DR and noting that the CIT(A)’s order is not a speaking order on merits I deem it fit to set aside the order of CIT(A) and remand the matter back to the his file for fresh consideration. 7. In the result the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 9 th November 2021 at Chennai. Sd/- (महावीर ͧसंह ) (Mahavir Singh) उपाÚय¢ /Vice President चे᳖ई/Chennai ᳰदनांक/Dated the 9 th November 2021 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ (अपील)/CIT(A) 4. आयकर आयुᲦ /CIT 5. िवभागीय ᮧितिनिध/DR 6. गाडᭅ फाईल/GF.