2020 (12) TMI 340 - AT - Income Tax

Best judgement order u/s.144 - Assessee has not filed any relevant bills and vouchers nor other documents in respect of the expenditure incurred by the Assessee - Assessee has not co-operated to complete the assessment - Case of the Assessee is that at the relevant point of time due to the heavy floods the Assessee could not file any relevant material before the learned Assessing Officer - HELD THAT - Taking into consideration all the submissions of the Assessee and the Certificate issued by the Tahsildar Mambalam Taluk we find that one more opportunity should be given to the Assessee to substantiate his case before the learned Assessing Officer. So far as the observations made by CIT(Appeals) that the Managing Director of the Company has to sign we direct the learned Assessing Officer to examine the issue in accordance with the rules. So far as the admission of additional evidences is concerned we remit the entire paper-book filed by the Assessee consisting of 636 pages we direct the learned Assessing Officer to peruse the relevant and necessary bills and vouchers and documents and by considering the same it is open to the learned Assessing Officer to pass an assessment order de novo in accordance with law. Appeal of assessee allowed for statistical purposes.

Issues:
1. Delay in filing appeals before the Commissioner of Income Tax (Appeals)
2. Dismissal of appeals without considering merits due to delay
3. Ex-parte order by the Commissioner of Income Tax (Appeals)
4. Best judgment assessment u/s.144 of the Income Tax Act, 1961
5. Failure to submit relevant documents during assessment
6. Request for additional opportunity to submit relevant details
7. Setting aside ex-parte orders for natural justice

Issue 1 - Delay in filing appeals before the Commissioner of Income Tax (Appeals):
The Assessee filed appeals, I.T.A. Nos.180 & 181/Chny/2020, with a delay of nine days before the Commissioner of Income Tax (Appeals). The Commissioner dismissed the appeals solely based on the delay without considering the merits. The Appellate Tribunal found that the delay was minimal and should have been condoned by the Commissioner.

Issue 2 - Dismissal of appeals without considering merits due to delay:
The Appellate Tribunal held that the Commissioner of Income Tax (Appeals) erred in dismissing the appeals without assessing the merits, especially considering the delay was only nine days. The Assessee's explanation for the delay, citing all Directors being out of station, was considered valid, and the delay was condoned.

Issue 3 - Ex-parte order by the Commissioner of Income Tax (Appeals):
In I.T.A. No.181/Chny/2020, the Assessee challenged an ex-parte order by the Commissioner of Income Tax (Appeals), claiming lack of opportunity to present their case. The Tribunal reviewed the case, considering submissions from both sides and additional evidence filed by the Assessee, leading to the decision to remit the issue back to the Assessing Officer for a fresh assessment.

Issue 4 - Best judgment assessment u/s.144 of the Income Tax Act, 1961:
The Assessment under section 144 noted that the Assessee initially filed a return belatedly, admitted a taxable income, and later filed a revised return showing a loss. The Assessee failed to provide necessary documents and cooperate during scrutiny assessment, leading to disallowance of expenditures and completion of assessment by the Assessing Officer.

Issue 5 - Failure to submit relevant documents during assessment:
The Assessee attributed the lack of submission of relevant details during assessment to heavy floods in Chennai. The Tribunal considered the Assessee's explanation, along with a certificate from a Tahsildar confirming the impact of floods on the Assessee's office premises, and directed the Assessing Officer to allow the Assessee an opportunity to submit necessary materials for a fresh assessment.

Issue 6 - Request for additional opportunity to submit relevant details:
The Assessee requested another chance to provide relevant details due to unforeseen circumstances during the initial assessment period. The Tribunal, considering the Assessee's plea and supporting evidence, directed the Assessing Officer to review the additional evidence submitted and conduct a fresh assessment in compliance with the law.

Issue 7 - Setting aside ex-parte orders for natural justice:
In I.T.A. No.180/Chny/2020, the Tribunal set aside an ex-parte order by the Commissioner of Income Tax (Appeals) to uphold principles of natural justice. The case was remitted back to the Assessing Officer for a fresh decision in accordance with the law, allowing the Assessee another opportunity to present their case.

In conclusion, the Appellate Tribunal allowed the appeals filed by the Assessee in I.T.A. No.180 & 181/Chny/2020 for statistical purposes, emphasizing the importance of considering merits, providing opportunities for presenting cases, and ensuring compliance with legal procedures.

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