2019 (7) TMI 532 - AT - Income Tax

Condonation of delay - delay in filing the appeals before the CIT(A) - HELD THAT - There was a long delay in filing the appeals before the CIT(A). The reason advanced by the assessee is that on closure of the company Al Zarafa Travels and Manpower Consultants (P) Ltd., one of the employees of the company retained the assessment orders and the penalty orders with him and on 01/07/2017, the papers were handed over to the CA, Shri James Thomas which could be informed to the assessee only on 13/03/2018. Hence, there was delay in filing the appeals before the CIT(A). We are of the opinion that there is reasonable cause in filing the appeals before CIT(A) belatedly. Accordingly, we condone the above delay in filing the appeals before CIT(A) and remit the issue to the file of the CIT(A) to admit the appeals and decide the issues in dispute in accordance with law after affording reasonable opportunity of being heard to the assessee.

Issues Involved:
1. Delay in filing appeals before the CIT(A).
2. Validity of assessment orders passed ex parte under section 144 of the Income Tax Act, 1961.
3. Levy of penalty under section 271(1)(c) of the Income Tax Act, 1961.

Detailed Analysis:

1. Delay in Filing Appeals Before the CIT(A):
The primary issue was whether the CIT(A) erred in not adjudicating the appeals due to delayed filing. The assessee argued that the delay was beyond their control as they were a non-resident and unaware of the assessment orders until March 2018. The CIT(A) found that the assessee had full knowledge of the proceedings and did not cooperate with the department, thus not granting the condonation of delay. However, the Tribunal noted that in a similar case involving the same company, the delay was condoned due to the improper service of notice and substantial justice considerations. The Tribunal emphasized the principle that substantial justice should prevail over technicalities, referencing the Supreme Court's guidelines in Collector, Land Acquisition v. Mst. Katiji. Consequently, the Tribunal condoned the delay, remitting the issue back to the CIT(A) for a decision on merits.

2. Validity of Assessment Orders Passed Ex Parte under Section 144:
The assessments were completed ex parte under section 144 due to non-cooperation from the assessee. The assessee claimed that they were unaware of the proceedings due to residing outside India and the improper service of notices. The Tribunal, referencing the case of Al Zarafa Travels and Manpower Consultants (P) Ltd., highlighted that the improper service of notice on an ex-employee and the subsequent lack of communication justified the delay in filing appeals. The Tribunal directed the CIT(A) to re-examine the merits of the additions made by the Assessing Officer, ensuring that any third-party statements used in the assessments are confronted with the assessee, providing an opportunity for cross-examination if required.

3. Levy of Penalty under Section 271(1)(c):
The penalty proceedings were initiated under section 271(1)(c) for concealment of income. The CIT(A) upheld the penalties due to the assessee's non-cooperation and delayed appeals. The Tribunal, however, considering the same principles applied in the delay condonation, remitted the penalty issues back to the CIT(A) for a fresh decision on merits. The Tribunal instructed that the CIT(A) should provide the assessee with a reasonable opportunity to present their case and consider any remand reports from the Assessing Officer.

Conclusion:
The Tribunal condoned the delay in filing the appeals before the CIT(A) and remitted the cases back to the CIT(A) to decide the issues on merits, ensuring substantial justice is served. The Tribunal emphasized the importance of addressing the merits of the case over technicalities, following the principles laid down by the Supreme Court. The assessee's appeals were partly allowed, directing the CIT(A) to provide a fair hearing and consider all relevant facts and submissions.

← Previous Next →