St. Antony Educational & Social Society, Cuddalore v. DCIT (Exemptions) Chenani Circle, CHENNAI

ITA 782/CHNY/2019 | 2013-2014
Pronouncement Date: 05-11-2019 | Result: Partly Allowed

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Appeal Details

RSA Number 78221714 RSA 2019
Assessee PAN AAFTS3896M
Bench Chennai
Appeal Number ITA 782/CHNY/2019
Duration Of Justice 7 month(s) 13 day(s)
Appellant St. Antony Educational & Social Society, Cuddalore
Respondent DCIT (Exemptions) Chenani Circle, CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 05-11-2019
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted A
Tribunal Order Date 05-11-2019
Last Hearing Date 28-08-2019
First Hearing Date 28-08-2019
Assessment Year 2013-2014
Appeal Filed On 22-03-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH CHENNAI [ BEFORE SHRI GEORGE MATHAN JUDICIAL MEMBER AND SHRI S. JAYARAMAN ACCOUNTANT MEMBER ./ I.T.A.NO.782/CHNY/2019 ( [ [ / ASSESSMENT YEAR: 2013-14) M/S. ST. ANTONY EDUCATIONAL & SOCIAL SOCIETY NO.20 VAITHILINGAM STREET NELLIKUPPAM CUDDALORE 607 105. VS THE DCIT(EXEMPTIONS) CHENNAI CIRCLE CHENNAI. PAN: AAFTS 3896M ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI V. MEENAKSHI SUNDAR FCA / RESPONDENT BY : SHRI AR.V. SREENIVASAN JCIT /DATE OF HEARING : 28.08.2019 /DATE OF PRONOUNCEMENT : 05.11.2019 / O R D E R PER S.JAYARAMAN AM: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-15 CHENNAI IN ITA NO.640/CIT(A)-15/2016-17 DATED 31.12.2018 FOR THE ASSESSMENT YEAR 2013-14. 2 ITA NO.782/CHNY/2019 2. M/S. ST. ANTONY EDUCATIONAL & SOCIAL SOCIETY FILED AN APPEAL AGAINST THE ORDER OF THE ASSESSING OFFICER MANUALLY ON 10.05.2016 BEFORE THE CIT(A) WITH A DELAY OF 14DAYS. SINCE THE ASSESSEE DID NOT COMPLY WITH RULE 45 OF THE INCOME TAX RULES THE LD.CIT(A) ISSUED SHOW CAUSE NOTICE. THEREAFTER THE ASSESSEE FILED FORM ELECTRONICALLY ON 11.12.2018 AFTER A DELAY OF 909 DAYS. THE LD.CIT(A) DISMISSED THE APPEAL HOLDING THAT NEITHER THE MANUAL APPEAL NOR THE E-APPEAL WAS ACCOMPANIED BY THE CONDONATION PETITION WITH CREDITABLE DOCUMENTARY EVIDENCE. AGGRIEVED AGAINST THAT ORDER THE ASSESSEE FILED THIS APPEAL. 3. THE LD.AR PLEADED THAT MANUAL FORM WAS FILED WELL IN TIME WITHIN THE PRESCRIBED TIME LIMIT. HOWEVER THE LD.CIT(A) WITHOUT GIVING DUE OPPORTUNITY TO THE ASSESSEE WITHOUT CONDONING THE DELAY DISMISSED THE APPEAL AND HENCE HE PLEADED TO ALLOW THE APPEAL. PER CONTRA THE LD.DR SUPPORTED THE ORDER OF THE LOWER AUTHORITIES. 4. WE HEARD THE RIVAL SUBMISSIONS. THE ASSESSEE FILED MANUAL FORM ON 10.05.2016 WITH A DELAY OF 14 DAYS. THIS MANUAL FILING OF APPEAL WAS DEEMED TO BE NON-COMPLIANCE WITH RULE 45 OF THE INCOME TAX RULES 1962 WHICH MANDATES COMPULSORY ELECTRONIC FILING OF APPEAL IN FORM 35. WHEN IT WAS POINTED OUT BY THE LD.CIT(A) THE 3 ITA NO.782/CHNY/2019 ASSESSEE FILED FORM 35 ELECTRONICALLY ON 11.12.2018 AFTER A PERIOD OF 909 DAYS. THE CIT(A) COULD HAVE CONDONED THE DELAY AND DECIDED THE APPEAL ON MERITS. AFTER HEARING THE PARTIES WE CONDONE THE DELAY OF 14 DAYS IN FILING THE MANUAL APPEAL. THEREFORE THE DELAY IN FILING THE APPEAL IN ELECTRONIC FORM COULD BE CONSIDERED AS A VENIAL BREACH. THEREFORE WE RESTORE THE ISSUE BACK TO THE CIT(A) FOR ADJUDICATION ON MERIT IN ACCORDANCE WITH LAW BY ALLOWING AN EFFECTIVE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE COURT ON 5 TH NOVEMBER 2019 AT CHENNAI. SD/- SD/- /CHENNAI /DATED 5 TH NOVEMBER 2019 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER