2022 (3) TMI 431 - AT - Income Tax

Tribunal Admits Appeal Due to Delay, Denial of Natural Justice

M/s Karur Jayaprakash Versus The Dy. Commissioner of Incometax, Circle-1, Bellary.

M/s Karur Jayaprakash Versus The Dy. Commissioner of Incometax, Circle-1, Bellary. - TMI Issues:1. Delay in serving the CIT(A) order on the Appellant2. Recovery proceedings initiated without serving the order3. Denial of natural justice to the Appellant4. Attachment of bank accounts without notice5. Disallowance of exemption under section 54F6. Levy of interest under sections 234B and 234D7. Initiation of penalty proceedings under section 271(1)(c)Delay in serving the CIT(A) order on the Appellant:The appeal challenged the delay in serving the CIT(A) order on the Appellant, leading to recovery proceedings and bank account freezing without prior notice. The Appellant argued that multiple attempts were made to obtain the order, but it was received late from the AO. The Tribunal, after considering the evidence and lack of fault on the Appellant's part, condoned the delay and admitted the appeal for adjudication on merits.Denial of natural justice to the Appellant:The Appellant contended that natural justice was denied as the order was passed without providing an opportunity to be heard. The Tribunal acknowledged the Appellant's efforts to obtain the order and found no intentional delay. Consequently, the delay was condoned, and the appeal was accepted for further consideration.Disallowance of exemption under section 54F:The dispute arose from the disallowance of exemption claimed under section 54F by the AO and upheld by the CIT(A). The Appellant argued that due to unprofessional handling of proceedings, necessary details were not submitted before the AO. Despite submitting evidence to the CIT(A), the claim was rejected. The Tribunal observed that the CIT(A) did not consider the merits of the evidence and decided on presumptive grounds. In the interest of justice, the matter was remanded to the AO for fresh consideration after allowing the Appellant to present additional evidence.Levy of interest under sections 234B and 234D:The Appellant contested the levy of interest under sections 234B and 234D, which was upheld by the CIT(A). The Tribunal did not comment on the merits of this issue due to the decision to remand the matter to the AO. As a result, the appeal was allowed for statistical purposes, without further discussion on the interest levied.Initiation of penalty proceedings under section 271(1)(c):The Appellant challenged the initiation of penalty proceedings under section 271(1)(c) by the Assessing Officer, which was upheld by the CIT(A). However, the Tribunal did not delve into this issue as the main matter was remanded to the AO for fresh consideration. Therefore, the appeal was allowed for statistical purposes without specific commentary on the penalty proceedings.This detailed analysis highlights the key issues raised in the appeal before the Appellate Tribunal ITAT BANGALORE and the Tribunal's decisions on each matter, providing a comprehensive overview of the judgment.