In ITA No.3427/CHNY/2019-ITAT-  ITAT condones delay in filing of appeals where Chartered Accountants had filed appeal with delay of 9 days due to filing returns of income and GST returns
Accountant Member- G. Manjunatha & President & Mahavir Singh Vice President [11-01-2023]

Read Order: Shri V.V.V.R. Thendral And Others Vs. The ACIT 

LE Correspondent

Chennai, February 20, 2023: While condoning the delay of 9 days, the Chennai Bench of the Income Tax Appellate Tribunal has asked the assessees to file all the details before AO, who will verify and examine in detail the source of jewellery as well as their explanation.

These three appeals by the three different assessees arose out of different orders of the Commissioner of Income Tax (Appeals), Chennai where the  assessments were framed by the ACIT, Central Circle-1, Madurai for the assessment year 2016-17 u/s.143(3) of the Income Tax Act, 1961 vide various orders.

The appeals were time barred by 9 days and it was noticed from Form 36 that the order of CIT(A) was received on October 19, 2019 and appeal was to be filed on or before December 18,2019 but appeal was actually filed on December 27,2020.

 The assessees had filed affidavit for condonation of delay stating the reason that the assessee had requested his Chartered Accountants to file appeal but due to filing returns of income and GST returns, the Chartered Accountants had filed the appeal with a delay of 9 days. 

“We see that the delay is very small and cause seems reasonable, which was not contested by the Revenue. Since the delay is very small, we condone the delay in filing of these appeals by assessees and admit the appeals for adjudication”, the Bench held.

One of the issues which remained was with regards to the order of CIT(A) partly restricting the addition made by AO in regard to gold jewellery and ornament found, treated as unexplained. 

After hearing both the sides and going through the case records and paper-books filed in all the three appeals by different assessees, it was noticed by the Bench that the assessees had  purchased this gold through banking channels or through accounting entries, this needed verification. 

Hence, all these three appeals were remanded back to the file of the AO and orders of AO as well as the CIT(A) restricting the addition were set aside.