2020 (5) TMI 546

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....ssed the order ignoring facts and figures of the case and has not followed the procedures of the Income Tax Act. 3. Non-attendance: The notices issued to the assesse for appearance/hearing by the Ld. CIT(A) were sent at e-mail "[email protected] which did not reach to the assessee as the assessee is senior citizen. The assessee is not computer literate and he has no business and no staff as the business was closed five years ago due to heavy losses . 4. Reasons of losses in the Business : Mr. B. M Sarin, Karta of the HUF is senior citizen aged more than 70 years. He has been in the business of export of readymade garments. In the year 2008-09 business of the assessee suffered heavy losses due to sub-prime cases in the U....

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....e bank has taken symbolic possession of the factory of the assessee at Plot No. 23, Sector-4, Manesar, Gurgaon and not actual possession. The Ld A.O. has disallowed the depreciation alleging that the Assessee not being owner of the business premises but the lender bank. It may be noted that the bank had taken various measures to recover the defaulted amount and symbolic possession was one of the measures but actual possession was with the assessee and use of the assets were with the assessee who was carrying out its business activities. Even though the assets of the assessee were in symbolic possession of the bank, the right to such option did not affect the ownership of the assessee and the assessee was, accordingly entitled to de....

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....eal before the ITAT, however he did not file any appeal and left work of the Assessee. The assessee also submitted an affidavit for the same. It was further stated that assessee came to know about the delay in filing of appeal only when recovery notices were issued. Therefore, it was prayed that the delay may be condoned. 5. The ld DR vehemently objected and submitted that the delay cannot be condoned as there is no sufficient reason for filing of delayed appeal. 6. We have carefully considered the rival contentions and found that the assessee does not get any benefit by filing of appeal belatedly. The assessee has given the order of the ld CIT(A) for filing of appeal to the ld AR who did not file the appeal, but also parted ways with....