Financial & Management Consultnt (P.) Ltd., New Delhi v. ACIT, Muzaffarnagar

ITA 3367/DEL/2008 | 1985-1986
Pronouncement Date: 04-11-2011 | Result: Dismissed

Appeal Details

RSA Number 336720114 RSA 2008
Bench Delhi
Appeal Number ITA 3367/DEL/2008
Duration Of Justice 2 year(s) 11 month(s) 23 day(s)
Appellant Financial & Management Consultnt (P.) Ltd., New Delhi
Respondent ACIT, Muzaffarnagar
Appeal Type Income Tax Appeal
Pronouncement Date 04-11-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 04-11-2011
Date Of Final Hearing 09-09-2011
Next Hearing Date 09-09-2011
Assessment Year 1985-1986
Appeal Filed On 11-11-2008
Judgment Text
ITA NO. 3367/DEL/2008 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI BEFORE SHRI I.P. BANSAL JUDICIAL MEMBER AND SHRI SHAMIM YAHYA ACCOUNTANT MEMBER I.T.A. NO. 3367/DEL/2008 A.Y. : 1985-86 FINANCIAL & MANAGEMENT CONSULTANT (P) LTD. C/O SHRI S.K. GARG B-2/14 RAJOURI GARDEN NEW DELHI 110 027 (PAN: F1/ACIT-CIR-2/MZR) VS. ACIT CIRCLE - 2 MUZAFFARNAGAR (UP) (APPELLANT ) (APPELLANT ) (APPELLANT ) (APPELLANT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) ASSEESSEE BY : SH. PRAKASH NARAIN ADV. DEPARTMENT BY : SH. ROHIT GARG SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 09.3.2 006 PERTAINING TO ASSESSMENT YEAR 1985-86. 2. THE GROUNDS RAISED READ AS UNDER:- (I) THE ORDER PASSED BY THE LD. COMMISSIONER OF INC OME TAX (APPEALS) IS ILLEGAL AND AGAINST THE FACTS OF THE CASE. (II) THE LD. COMMISSIONER OF INCOME TAX (APPEALS) ER RED IN DISMISSING THE APPEAL IN LIMINE. (III) THE LD. COMMISSIONER OF INCOME TAX (APPEALS) ALS O ERRED IN DISMISSING THE APPEAL EVEN ON MERITS OF THE CASE. ITA NO. 3367/DEL/2008 2 (IV) THE LD. COMMISSIONER OF INCOME TAX (APPEALS) S OUGHT TO HAVE HELD THAT THE SUM OF ` 80 000/- BEING THE SHAR E APPLICATION MONEY COULD NOT BE HELD TO BE UNDISCLO SED INCOME OF THE APPELLANT WITHIN THE MEANING OF SEC. 68 OF THE IT ACT 1961 AS THE ASSESSING OFFICER HAD HIMSE LF SAID THAT IT HAD BEEN RECEIVED FROM THE THIRD PARTIES. (V) THE APPELLANT PRAYS THAT CONSEQUENT RELIEF MAY ALSO BE ALLOWED FROM INTEREST LEVIED U/S 139(8) AND 217 OF THE IT ACT 1961. (VI) THE APPELLANT ALSO PRAYS THAT IT MAY BE ALLOWE D TO MODIFY AND / OR ADD ANY OTHER GROUND / GROUNDS AS THE CIRCUMSTANCES OF THE CASE MAY REQUIRED OR JUSTIFY. 3. AT THE THRESHOLD IT IS NOTICED THAT THERE IS A REQUEST FOR CONDONATION OF DELAY IN FILING THE APPEAL BY 951 D AYS. THE FACTUAL BACKGROUND LEADING TO THE DELAY HAS BEEN SUBMITTED A S UNDER:- IN THIS CASE THE LD. COMMISSIONER OF INCOME TAX (APPEA LS) HAS DISMISSED THE ASSESSEES APPEAL IN LIMINI FOR NO N- PROSECUTION. THEREAFTER THE ASSESSEE FILED PETI TION U/S. 154 OF THE IT ACT WHICH WAS ALSO DISMISSED. THE ASS ESSEE FILED FURTHER APPLICATION DATED 30.11.2006 13.3.20 08 AND 24.9.2008. THE LD. COMMISSIONER OF INCOME TAX (APPEA LS) NEITHER PASSED ANY ORDER U/S 154 NOR GIVEN REPLY. FINALLY THE ASSESSEE FILED AN APPEAL BEFORE THE TRIBUNAL ON 11.11.2008. LD. COUNSEL OF THE ASSESSEE SUBMITTED T HAT THE ABOVE HAPPENED BECAUSE OF THE WRONG ADVICE FROM THE THEN COUNSEL. ITA NO. 3367/DEL/2008 3 4. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. WE DO NOT FIND ANY COGENCY IN THE SUBMISSIONS REGARDIN G THE DELAY. THERE IS NO EVIDENCE ON RECORD THAT THE SAME WAS ON THE ADVICE OF THE COUNSEL. THAT THE DELAY OCCURRED DUE TO REPEATED A PPLICATION BEFORE THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DOES NO T HAVE ANY COGENCY. HENCE IN OUR CONSIDERED OPINION THERE IS NO COGENT REASON FOR DELAY IN FILING THE APPEAL IN THIS REGARD. HENCE THIS APPEAL IS DISMISSED IN LIMINI AS TIME BARRED. 5. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/11/2011. SD/- SD/- [ [[ [I.P. BANSAL I.P. BANSAL I.P. BANSAL I.P. BANSAL] ]] ] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 04/11/2011 SRB COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR ITAT TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT DELHI BENCHES