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TMI Blog2021 (5) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... 016 with the CIT(A) well within the prescribed time therein clearly rules out any lackadaisical approach on its part in dealing with its income-tax matters. Rather, there could also be no malafide reason on the part of the assessee in adopting any delaying tactics in filing of the appeal against the order passed by the A.O under Sec. 271(1)(c) As deposed by Shri. Sanjay D. Salvi, Chairman of the assessee society, after learning about the requirement of filing a separate appeal against the penalty order passed by the A.O under Sec. 271(1)(c) the assessee had deposited the requisite appeal fees on 22.08.2017. However, as the appeal was to be electronically filed and digital signatures of the assessee were required, therefore, some time wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned CIT-A erred in not considering the fact that the Hon. CIT(A) directed the A.O to allow deduction U/s. 80(P) resulting into deletion of addition U/s. 143(3) as per Appeal order. 2. Briefly stated, the assessee which is a cooperative society had filed its return of income declaring Nil income. Subsequently, the case of the assessee society was selected for scrutiny assessment under Sec. 143(2) of the Act. 3. Observing, that as per the AIR information the assessee had received interest income of ₹ 1,15,434/- from M/s. Saraswat Co-operative Bank Ltd., the A.O called upon it to explain as to why the same may not be added to its income. In reply, it was submitted by the assessee that the aforesaid interest income was entitled fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, it had filed an application seeking condonation of the same. 6. In the mean time, the quantum appeal of the assessee against the order passed by the A.O under Sec. 143(3), dated 02.12.2016 was allowed by the CIT(A), vide his order dated 21.06.2018, and the assessee was held eligible for deduction u/s. 80P(2)(d) of the interest income received from M/s. Saraswat Co-operative Bank Ltd. 7. As the appeal filed by the assessee against the penalty imposed by the A.O under Sec. 271(1)(c) involved a delay of 31 days, the assessee, had thus filed an application seeking condonation of the said delay, which, however, was wrongly claimed to be of 14 days (as against the actual delay of 31 days). During the course of the appellate proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... njay D. Savi, Chairman had also placed on record the affidavit/declaration of its chartered accountant, viz. Shri. Jagdish H. Gujrathi. However, the CIT(A) did not find favour with the explanation of the assessee as regards the reasons leading to the delay in filing of the appeal and refused to condone the delay, as a result whereof the appeal was dismissed in limine. 8. We have given a thoughtful consideration to the issue in hand i.e. the reasons leading to the delay in filing of the appeal and are unable to persuade ourselves to subscribe to the declining on the part of the CIT(A) to condone the same in exercise of the powers vested with him under sub-section (3) of Sec. 249 of the Act. Admittedly, the appeal filed by the assessee soc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al was to be electronically filed and digital signatures of the assessee were required, therefore, some time would have been exhausted in doing the needful on the part of the assessee as well as its chartered accountant. In the backdrop of the aforesaid facts, we are unable to persuade ourselves to subscribe to the declining on the part of the CIT(A) to condone the delay involved in filing of the present appeal. Apart from that, as the assessee's claim for deduction under Sec. 80P(2)(d) of the interest income received by it from M/s. Saraswat Cooperative Bank Ltd. had been allowed by the CIT(A), vide his order dated 21.06.2018 thus, the very addition as regards which the impugned penalty under Sec. 271(1)(c) was imposed on the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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