Orient Spa Ltd. v. The Deputy CIT, Central Circle-2(2), Ahmedabad
[Citation -2019-LL-1001-179]

Citation 2019-LL-1001-179
Appellant Name Orient Spa Ltd.
Respondent Name The Deputy CIT, Central Circle-2(2), Ahmedabad
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 01/10/2019
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags share application money • reason for delay • time barred appeal • condonation of delay • denial of natural justice • service of notice • defective appeal • non-appearance • delay in filing appeal
Bot Summary: The assessee has raised following grounds of appeal:- A. AS REGARDS TO DEMAND ON ACCOUNT OF SHARE APPLICATION MONEY On the facts and in the circumstances of the case and in law the 'Commissioner of Income-tax' where an appeal is filed before the I.T(SS). It is noticed that assessee has filed aforesaid appeal vide ITA No. 184/Ahd/2016 for assessment year 2009-10 on 29-06-2016 against the order of CIT(A)-12 Ahmedabad. It is noticed that this appeal was time barred by 30 days. The defect notice to remove the defect in filing the appeal was issued on 29th June, 2016. To remove the defect in the appeal, the assessee has not filed any condonation application with supporting material to explain the reason for delay in filing the instant appeal. In the light of the above facts and delay in filing the appeal, it is clear because of casual approach, the assessee has failed to substantiate the reason for delay in filing the instant appeal with relevant supporting material. Accordingly, the appeal of the assessee is dismissed. In the result, the appeal of the assessee is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH Before: Shri Rajpal Yadav, Judicial Member And Shri Amarjit Singh, Accountant Member IT(SS)A No. 184 /Ahd/2016 Assessment Year 2009-10 Orient Spa Ltd. Deputy CIT, Combay Square, Central Circle-2(2), GIDC Electronic Estate, Vs Ahmedabad Gandhinagar (Respondent) Pin-380044 PAN: AAACO9963B (Appellant) Revenue by Shri Vinod Tanwani, Sr. D.R. Assessee by None Date of hearing 27-08-2019 Date of pronounce ment 01-10-2019 ORDER PER AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee s appeal for A.Y. 2009-10, arises from order of CIT(A)-12, Ahmedabad dated 28-01-2016, in proceedings under section 143(3) r.w.s. 153(3) of Income Tax Act, 1961; in short Act . 2. assessee has raised following grounds of appeal:- A. AS REGARDS TO DEMAND ON ACCOUNT OF SHARE APPLICATION MONEY (I) On facts and in circumstances of case and in law 'Commissioner of Income-tax (Appeals)' where appeal is filed before I.T(SS).A No. 184/Ahd/2016 A.Y. 2009-10 Page No 2 Orient Spa Ltd vs. DCIT Tribunal against order of Commissioner (Appeals)) erred in keeping addition of Rs. 15,00,000/- received on account of Share Application Money. (II) assessment order is contrary to principals of natural justice and hence invalid; 3. It is noticed that assessee has filed aforesaid appeal vide ITA No. 184/Ahd/2016 for assessment year 2009-10 on 29-06-2016 against order of CIT(A)-12 Ahmedabad. It is noticed that this appeal was time barred by 30 days. defect notice to remove defect in filing appeal was issued on 29th June, 2016. Thereafter, number of notices vide dated 27-02- 2018, 19-04-2018, 30-05-2018,13-08-2018, 31-12-2018, 01-04-2019 and 18th July, 2019 for hearing were issued. notice through departmental representative was also served vide dated 18th April, 2016. In addition to above, assessee has not attended hearing on number of times fixed in this case. To remove defect in appeal, assessee has not filed any condonation application with supporting material to explain reason for delay in filing instant appeal. In light of above facts and delay in filing appeal, it is clear because of casual approach, assessee has failed to substantiate reason for delay in filing instant appeal with relevant supporting material. Accordingly, appeal of assessee is dismissed. 4. In result, appeal of assessee is dismissed. Order pronounced in open court on 01-10-2019 Sd/- Sd/- (RAJPAL YADAV) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad Dated 01/10/2019 I.T(SS).A No. 184/Ahd/2016 A.Y. 2009-10 Page No 3 Orient Spa Ltd vs. DCIT Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order Orient Spa Ltd. v. Deputy CIT, Central Circle-2(2), Ahmedabad
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