TaxTMI 
TaxTMI 
2016 (12) TMI 107
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....t the Order of CIT(Appeals)-12 passed by him on 10/02/2015 & received by the appellant on 12/03/2015. Due to reasons beyond his control the appeal order remained to be handed over to the tax consultant for filing appeal against the same before the ITAT. An affidavit executed by the appellant giving the reasons for delay is enclosed herewith. The appellant prays that the delay in filing the appeal be condoned & be admitted & adjudicated. 2. On facts and circumstances prevailing in the case and as per provisions & scheme of the Act it be held that, the AO has erred in taxing the additional income of Rs. 35,25,387/- declared by the firm in the course of survey as deemed income by wrongly applying the provisions of sec. 69 / 69B of the Act. ....
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....s time. When I returned back to India, my employee Mr. Raji Mohanlal Jain had proceeded to his native place as he had certain person family problems & he did not return back for months together. Finally he left the job & returned back to his place permanently. I was under the bonafide belief that the said document handed over to him by me was delivered to my Chartered Accountant at that point of time itself & necessary compliance with respect to the appeal was already done & completed. I, however, realized that Mr. Raju Mohanlal Jain failed to deliver the aforesaid document to my Chartered Accountant only when penalty proceedings initiated u/s 271(1)(c) was fixed for hearing by the AO in the month of February, 2016 & concluded on 31/03/2....
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....een enclosed herewith for reference. 8. Mr Praveen Solanki thereafter received the notice of penalty u/s 271(1)(c) for the above referred case. After enquiry he got to know that further appeal has not been filed against the CIT(A) order received by him. The penalty proceedings was fixed for hearing during the month of February 2016 and concluded in the month of March 2016. 9. Thereafter, Mr Praveen Solanki approached the Chartered Accountant for filing of further appeal and the appeal was filed on 29/4/2016." 6. The learned Authorized Representative for the assessee pointed out that the delay in filing of appeal late was beyond the control of assessee because of the aforesaid reasons and hence, the same may be condoned. He also poi....
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....eal late by 354 days merits to be condoned, since on identical facts, relief has been allowed to the sister concern. Accordingly, accepting the reasons filed for condonation of delay in filing the appeal late before the Tribunal, the appeal is taken on record for adjudication. 10. Now, coming to the ground of appeal No.2 raised by the assessee against the assessability of additional income declared during the course of survey at Rs. 35,25,387/- and consequent allowance of partners remuneration under section 50B of the Act, the issue which is raised by way of additional ground of appeal, the issue is squarely covered by the order of Tribunal in M/s. Surekh Jewellers Vs. DCIT (supra). The Tribunal vide para 13 has held as under:- "13. I....