Income Tax Appellate Tribunal - Indore
Steel Expert Industrial (India) Ltd., ... vs Acit-5(1), Indore on 9 June, 2020
Steel Expert Industrial (India) Ltd
ITANo.629/Ind/2019
आयकर अपील य अ धकरण, इंदौर यायपीठ, इंदौर
IN THE INCOME TAX APPELLATE TRIBUNAL,
INDORE BENCH, INDORE
BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER
AND SHRI MANISH BORAD, ACCOUNTANT MEMBER
ITA No.629/Ind/2019
Assessment Year: 2009-10
M/s. Steel Expert ACIT 5(1),
Industrial (India) Ltd, Vs. Indore
7, Hathipala Road, Juni
Indore
(Appellant ) (Revenue)
PAN No.AAJCS1908H
Appellant by Shri Harsh Vijay Vargiya
Revenue by Shri R.P. Mourya, Sr. DR
Date of Hearing 08.06.2020
Date of Pronouncement 09.06.2020
O R D E R
PER MANISH BORAD, AM.
This appeal is filed by the assessee against the order of ld. CIT(A)-II, Indore dated 22.02.2019 pertaining to Assessment year 2009-10. The assessee has raised following grounds of appeal:
1."The addition made in respect of Sundry Creditors as an income from undisclosed sources of Rs.3663968/- is incorrect and bad in law.
2.The A.O not consider confirmation of account o sundry creditors given by the certain parties and negligent the copy of bank account that provide by the bank. That the creditors are actual and genuine and all party related to the business and payment had been made to all creditors in subsequent years.
3.The A.O has jot rely on bank statements and cross question against genuineness of bank statement, which were provide by 1 Steel Expert Industrial (India) Ltd ITANo.629/Ind/2019 the bank.
4.That the A.O has not given 2nd opportunity of being heard to the assessee before making such huge additions to the income of the assessee.
2. At the outset Ld. Counsel for the assessee submitted that the instant appeal is delayed by 6 days. An application has been filed seeking condonation of delay for the present appeal. It is stated that reason for delay in filing the appeal that the assessee had intended to change his earlier counsel to prepare and submit appeal before Hon'ble I.T.A.T. in place of earlier counsel engaged for submission of appeal before Ld. CIT(A) but due to misunderstanding between the assessee and his earlier counsel there was an inadvertent delay of 6 days for filing appeal before the Tribunal due to delay of receiving files from previous counsel. It is prayed on behalf of the assessee that delay of 6 days occurred may be condoned. He therefore prayed for condoning the delay and admit the appeal for adjudication and also requested that since Ld. CIT(A) has dismissed the appeal in limine for non appearance, an opportunity may be granted to appeal before Ld. CIT(A) once more.
3. On the other hand Ld. Departmental Representative opposed the submissions for condonation of delay and setting aside the issues on merits to CIT(A).
4. We have heard the rival submissions and perused the records placed before us. We find that the instant appeal is delayed by 6 days. However looking to the reasons mentioned in the application for seeking condonation of delay, we are satisfied that the assessee had a reasonable cause for this delay of 6 days.
2Steel Expert Industrial (India) Ltd ITANo.629/Ind/2019 We therefore in the interest of justice and the reasonable cause mentioned before us, condone the delay and admit the appeal for adjudication.
5. We further find that the impugned order is ex-parte. Ld. CIT(A) dismissed the assessee's appeal in limine for non appearance but as submitted by Ld. Counsel for the assessee that due to change of counsels none appeared before Ld. CIT(A) but if one more opportunity is provided then the issues can be adjudicated by Ld. CIT(A) on merits. We therefore in the interest of justice and being fair to both the parties, set aside all the issues raised on merits in the instant appeal to the file of Ld. CIT(A) for afresh adjudication and to pass a speaking order. Needless to mention that a proper opportunity of being heard should be provided to the assessee and the assessee should also be vigilant to the notices for hearing and should not take unnecessary adjournment unless otherwise required for reasonable cause.
6. In the result, appeal filed by the assessee is allowed for statistical purposes only.
Order was pronounced in the open court on 09.06.2020.
Sd/- Sd/-
( KUL BHARAT) (MANISH BORAD)
JUDICIAL MEMBER ACCOUNTANT MEMBER
नांक /Dated : 9th June, 2020
/Dev
Copy to: The Appellant/Respondent/CIT concerned/CIT(A) concerned/ DR, ITAT, Indore/Guard file.
3Steel Expert Industrial (India) Ltd ITANo.629/Ind/2019 By Order, Asstt.Registrar, I.T.A.T., Indore 4