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TMI Blog2020 (5) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... F, he also passed an order in the name of Chunnu Fashion. Even appeal before us is also filed in the name of Chunnu Fashions. In the total proceedings, the assessment order has never been framed on the correct persons i.e. BM Sarin HUF, but has been passed in the name of Chunnu Fashions. Karta of the HUF, Mr. BM Sarin is more than 70 years old and has closed his business. The notices were sent through emails but the assessee being a senior citizen could not look into those emails. He is not a computer literate and has no business as the business of the assessee was closed 5 years ago due to heavy losses. There is a genuine reason for not appearing before the ld CIT(A). It is also alarming that the assessment orders have been passed on no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch to the assessee as the assessee is senior citizen. The assessee is not computer literate and he has no business and no staff as the business was closed five years ago due to heavy losses . 4. Reasons of losses in the Business : Mr. B. M Sarin, Karta of the HUF is senior citizen aged more than 70 years. He has been in the business of export of readymade garments. In the year 2008-09 business of the assessee suffered heavy losses due to sub-prime cases in the U.S. and general slump in the market and the lender of assesse Indian Bank classified assessee s Account as NPA and started recovery proceedings against the assesse. Since then the firm is regularly suffering losses every year and now there is no business for the past 4-5 years. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be noted that the bank had taken various measures to recover the defaulted amount and symbolic possession was one of the measures but actual possession was with the assessee and use of the assets were with the assessee who was carrying out its business activities. Even though the assets of the assessee were in symbolic possession of the bank, the right to such option did not affect the ownership of the assessee and the assessee was, accordingly entitled to depreciation. The Ld AO has failed to appreciate the factual as well as legal position that the assessee was entitled for depreciation claimed by it on all the assets. 6. Disallowance of Conveyance, Telephone Expenses and Staff Welfare of ₹ 23.180/- The assessee produced al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the delay may be condoned. 5. The ld DR vehemently objected and submitted that the delay cannot be condoned as there is no sufficient reason for filing of delayed appeal. 6. We have carefully considered the rival contentions and found that the assessee does not get any benefit by filing of appeal belatedly. The assessee has given the order of the ld CIT(A) for filing of appeal to the ld AR who did not file the appeal, but also parted ways with the assessee. In fact the assessee did not derive any benefit by late filing of appeal. The facts of the case discussed later on will also support our view regarding condonation of delay. In view of this, we condone the delay in filing of the appeal. 7. We have heard ld. AR and DR on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also alarming that the assessment orders have been passed on non-existent party i.e. M/s. Chunnu Fashions which does not exists at all. In fact the assessment order and the appellate orders should have been in the name of BM Sarin HUF. This fact also deserves to be looked into. As before us also, appeal is filed in the name of M/s Chunnu Fashions incorrectly. We are correcting the title of appeal in the name of [B.M. Sarin, HUF]. Therefore, we set aside the order of the ld CIT(A) and sent it back for re-examination of the total facts by giving opportunity to the Assessee for hearing as the issue have not been decided on the merits of the case. The assessee is permitted to raise all issues before him. 9. In the result the appeal of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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