SHAHI FINANACE P. LTD, MUMBAI v. ACIT CEN CIR 43, MUMBAI

ITA 1513/MUM/2010 | 2001-2002
Pronouncement Date: 09-03-2011 | Result: Allowed

Appeal Details

RSA Number 151319914 RSA 2010
Assessee PAN AABCS7471F
Bench Mumbai
Appeal Number ITA 1513/MUM/2010
Duration Of Justice 1 year(s) 13 day(s)
Appellant SHAHI FINANACE P. LTD, MUMBAI
Respondent ACIT CEN CIR 43, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 09-03-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 09-03-2011
Assessment Year 2001-2002
Appeal Filed On 25-02-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI BEFORE SHRI R.S.SYAL AM AND SHRI VIJAY PAL RAO JM ITA NO.1513/MUM/2010 : ASST.YEAR 2001-2002 ITA NOS.1516 TO 1520/MUM/2010 : ASST.YEARS 2002-2 003 TO 2006-2007 M/S.SHAHI FINANCE PRIVATE LIMITED 404 ABHAY STEEL HOUSE BARODA STREET MUMBAI 400 009. PAN : AABCS7471F. VS. THE ASSTT.COMMISSIONER OF INCOME-TAX CIRCLE 43 MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI BHUSHAN JAJAL RESPONDENT BY : SHRI HEMANT LAL O R D E R PER BENCH : THESE SIX APPEALS BY THE ASSESSEE ARISE OUT OF THE COMMON ORDER PASSED BY THE CIT(A) ON 04.12.2009 IN RELATION TO ASSESSMENT YEARS2001-2002 TO 2006-2007 DISMISSING ALL THE APPEALS IN LIMINE BY NOT CONDONING THE DELAY 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS BORNE OUT FROM THE IMPUGNED ORDER THA T THESE APPEALS WERE FILED BELATEDLY BEFORE THE LEARNED CIT(A) BY 4 MONTHS AND 21 DAYS. THE ASSESSEE REQUESTED THE LEARNED CIT(A) TO CONDONE THE DELAY B Y GIVING FOLLOWING REASONS:- FURTHER TO OUR LETTER DATED 19 TH JUNE 2009 REGARDING THE DELAY IN FILING OF THE APPEAL WE HAVE TO ALSO INFORM YOU TH AT THERE WAS MORE THAN ONE REASON FOR THE DELAY IN THE FILING OF THE APPEAL WAS ON ACCOUNT OF THE FACT THAT MR.S K SHAHI THE DIRECTOR OF THE COMPANY WHO IS LOOKING AFTER THE TAXATION MATTERS WAS FREQU ENTLY OUT OF MUMBAI DURING THE PERIOD 13.01.2009 TO 15.06.2009 F OR BUSINESS WORK. THE TRAVELLING DETAILS & COPY OF AIR TICKET A RE ATTACHED HERE WITH. HE WAS THE SOLE PERSON WHO HAD ENTRUSTED MR. MUSTAQ THE ACCOUNTANT TO FILE THE APPEAL AND IN HIS ABSENCE TH ERE WAS NO OTHER ITA NOS.1513/MUM/2010 & ORS. M/S.SHAHI FINANCE PRIVATE LIMITED. 2 PERSON WHO COULD HAVE KNOWN THAT THE APP EAL WAS NOT FILED. THE ASSESSMENT ORDER WILL ALSO BEAR EVIDENCE THAT IT WA S MR.MUSTAQ WHO HAS ATTENDED TO THE HEARING ALL ALONG. HE WAS SOLEL Y RESPONSIBLE FOR THE FILING OF THE APPEAL AND HE WAS UNFORTUNATELY F AILED. NEXT THE CHARTERED ACCOUNTANT MR.DEEPAK GARODIA AN D HIS PARTNER MR.PRAVIN SARVAIYA WERE THE APPELLANTS REPRESENTAT IVES FOR BLOCK ASSESSMENT PROCEEDINGS. DURING THIS PERIOD THEY ALS O HAD SOME DIFFERENCE WITH MR.MUSTAQ AND DID NOT REPRESENT US. THIS FACT IS SUPPORTED AND IS EVIDENT FROM THE ASSESSMENT ORDER WHICH WILL SHOW THAT NO ONE OCCASION WE HAD TAKEN THE SERVICES OF M R.N.D.HEDA CHARTERED ACCOUNTANTS WHO WAS KNOWN TO US TO TAKE A N ADJOURNMENT AND HE HAD OBLIGED. MR.N D HEDA HAS FINALLY BEEN HA NDED OVER ALL THE MATTERS OF THE COMPANY AND HE IS IN THE FACT NO W REPRESENTING BEFORE YOU. AS EXPLAINED EARLIER IT WAS ONLY WHEN THE ASSESSI NG OFFICER SOUGHT A REPLY ON THE PENALTY PROCEEDINGS THAT IT CAME TO LI GHT THAT THE APPEAL WAS NOT FILED. THE DELAY WAS ON ACCOUNT OF COMPOUND ED NUMBER OF REASONS. IT IS PRAYED THAT THIS IS NOT A CASE OF AN INTENTI ONAL DELAY OR A DELAY WITHOUT SUFFICIENT CAUSE. AND HENCE THE SAME MAY KI NDLY BE CONDONED. 3. THE LEARNED CIT(A) DID NOT FIND ANY SUBSTANCE I N THIS PETITION AND HENCE DISMISSED THESE APPEALS IN LIMINE. 4. AFTER PERUSING THE REASONS INDICATED BY THE ASSE SSEE AS EXTRACTED ABOVE FOR CONDONATION OF DELAY IT BECOMES APPARENT THAT THER E WAS A REASONABLE CAUSE INASMUCH AS FIRSTLY THE CONCERNED DIRECTOR OF THE A SSESSEE-COMPANY WAS ABSENT; THEN THERE WAS ILLNESS OF THE ACCOUNTANT AND HIS SU BSEQUENT RESIGNATION; AND LASTLY CHANGE OF REPRESENTATIVES. IN OUR CONSIDERED OPINIO N THESE REASONS CONSTITUTE SUFFICIENT GROUNDS FOR THE CONDONATION OF DELAY. W E ORDER ACCORDINGLY. BY SETTING ASIDE THE IMPUGNED ORDER WE DIRECT THE LEARNED FIRS T APPELLATE AUTHORITY TO DISPOSE OFF THESE APPEALS ON MERITS. ITA NOS.1513/MUM/2010 & ORS. M/S.SHAHI FINANCE PRIVATE LIMITED. 3 5. IN THE RESULT ALL THE APPEALS ARE ALLOWED FOR S TATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 9 TH DAY OF MARCH 2011 . SD/- SD/- (VIJAY PAL RAO) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 9 TH MARCH 2011. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) XXXVIII MUMBAI. 5. THE DR/ITAT MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI.