2017 (10) TMI 1424

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....ched and vested with the custodian appointed under the Special Courts Act. Explaining the chronology of events leading to the delayed filing of appeal, it is submitted, due to delay in release of funds by the custodian for remitting appeal fees assessee was prevented from filing the appeal within time. He submitted, though, permission was granted by the custodian for releasing funds for payment of appeal fees, however, due to subsequent directions by the court to make payment through the bank account of Shri Ashwin Mehta, there was inordinate delay in filing the appeal. He submitted, ultimately after payment of appeal fees through the bank account of Shri Ashwin Mehta the appeal was filed on 10th February 2017. In this context learned Authorised Representative took us through the relevant court orders regarding release of funds for payment of appeal fees. Therefore, the learned Authorised Representative requested for condoning the delay. 3. Learned counsel appearing for the revenue opposed condonation of delay. Without controverting the facts brought on record by the learned Authorised Representative, he submitted, even if the account of the assessee was attached, appeal fee could....

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....appellant before the Custodian requesting release of appeal fees for filing the appeal before the Hon'ble Tribunal. 08.10.2015 16 14. Copy of letters enclosing bank statement of the appellant from July to September 2015 wherein fund has been transferred as per order of the Hon'ble Special Court, from bank account of late Shri Harshad S Mehta. 09.11.2015 22-23 15. Report No. 27 of 2015 issued by Custodian 10.12.2015 highlighting the issues involved and the technical and legal difficulties in granting permission to notified entities for e-payment of appeal-filing fees. 10.12.2015 31-35 16. Order of Hon'ble Special Court directing the 29.01.2016 Custodian to open separate bank accounts for payment of appeal filing fees. 29.01.2016 36 17. Account opening form and supporting documents 04.04.2016 filed by Shri Ashwin Mehta with State Bank of Mysore in accordance with directions of Special Court. 04.04.2016 37-44 18. Grievance letter filed by Shri Ashwin Mehta to Chief Manager, State Bank of Mysore for failure to open the bank account 26.04.2016 45-57 19. Reply of State Bank of Mysore in response to the grievance letter wherein it has been stated that clarification....

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....re for preparing Pay Order in favour of the Corporation Bank A/c of Shri Ashwin Mehta for payment of appeal filing fees in the case of the appellant. 19.01.2017 87 33. Letter issued by the Custodian to Shri Ashwin Mehta enclosing the pay order for payment of appeal filing fees in various cases of the appellant. 30.01.2017 89-89 34. Relevant extract of Corporation Bank A/c of Shri Ashwin Mehta reflecting payment of appeal filing fees. 09.02.2017 95-101 35. Appeal filed by the appellant before the Hon'ble Tribunal. 10.02.2017 - 5. On carefully going through the chronology of events as depicted in the chart reproduced hereinabove, we are of the view that delay in filing the present appeal is due to circumstances beyond the control of the assessee, hence, for bonafide reasons. Further, it is relevant to note, under identical facts and circumstances, the tribunal has condoned delay of similar extent in case of other notified persons of the same group. In this context we may refer to the decision of the coordinate bench in case of Orion Travels Pvt. limited versus DCIT, ITA no.1005/Mum./2017 and others dated 11.09. 2017. In view of the aforesaid, we are inclined to condone....

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.... issues may also be restored to the file of the Ld CIT(A) with similar directions. On a perusal of the order passed by the Tribunal for AY 2001-02 to 2003-04, referred above, we notice that the Tribunal has followed the decision rendered in the case of M/s Growmore Leasing and Inv.Ltd V/s ACIT (ITA No.5135 and 5136/Mum/2012 (AY- 2007-08 and 2009-10) and ITA No.2151/Mum/2013 (AY-2010-11), wherein also an identical issue was discussed with the following observations: "3. Ground No. 4 relates to the disallowance of interest expense. The Ld. Counsel for the assessee brought to our notice that the decision relied upon by the Ld. CIT(A) while disposing this ground has been set aside by the Tribunal to the file of the Ld. CIT(A). 4. The Ld. Departmental Representative could not bring any distinguishing decision in favour of the Revenue. 5. We have carefully perused the orders of the authorities below. While disposing the ground relating to the disallowance of interest, we find that the Ld. CIT(A) has followed the findings given in the case of Eminent Holdings Pvt. Ltd. We find that the Tribunal in the case of Eminent Holdings in ITA Nos. 2139, 2140 and 2141/Mum/ 2013 have followe....