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TMI Blog2014 (3) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee and if the CIT(A) is satisfied with the explanation may condone the delay and adjudicate the appeal on merits. In the result, we set aside the order of the CIT(A) and direct the CIT(A) to act as directed in Para 8 above and the appeal of the assessee is allowed for statistical purpose. - ITA No. 940/Del/2013 - - - Dated:- 14-3-2014 - SHRI J. S REDDY, ACCOUNTANT MEMBER AND SHRI A. T. VARKEY, JUDICIAL MEMBER For The Appellant : Raj Kumar, FCA For The Respondent : R.S. Meena, CIT DR ORDER PER A. T. VARKEY, JUDICIAL MEMBER This appeal is preferred by the assessee against the order of the ld CIT(A)-XXXI, New Delhi dated 22.01.2013 fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after claiming credit of ₹ 5,74,214/- on the TDS TCS, a total admitted tax liability was shown as payable at ₹ 6,42,85,283/-. The assessee did not make the payment of admitted tax liability u/s 140A of the Act and filed the return of income showing tax amount payable at ₹ 6,42,85,283/- on account of self assessment tax. The AO, after serving show-cause notice dated 22.11.2011 and after considering the written reply to it by the assessee, imposed a penalty which is equal to the amount admitted as self assessed tax i.e. (₹ 6,42,85,283) u/s 140A(3) of the Act. 5. Aggrieved by the said penalty the assessee preferred an appeal before the ld CIT(A). During the appellate proceedings, the ld CIT(A) took not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld AR pleaded that the appeal may be restored back to ld CIT(A) for adjudication on merits and cited the following cases: CIT Vs. K. Satish Kumar Singh 209 Taxman 502 (Kar), Bhumiraj Constructions Vs. Addl. CIT 135 TTJ (Mum). The ld DR relied on the ld CIT(A) s order. 7. We have heard the rival submissions and perused the records and the case laws cited by the parties. As per the version of the assessee, it has remitted the self assessed tax, therefore the ld CIT(A) may admit and adjudicate the appeal on merits. In Shamraj Moorjani Vs. Dy. CIT(Hyd) reported in (2005) 93 TTJ (Hyd) 927, after referring to CIT Vs. Filmistan Ltd. 42 ITR 163 (SC); Anil Singhi Vs. A.CIT (2003) 85 ITD 73 (Del) SB Mela Ram Sons Vs. CIT 29 ITR ..... X X X X Extracts X X X X X X X X Extracts X X X X
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