TaxTMI 
TaxTMI 
2023 (2) TMI 985
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....ther, on facts and circumstances of the case and in law, Ld. Assessing officer has erred in making adjustment of Rs. 182,025/- u/s. 143(1) of the act. 2. Whether, on facts and circumstances of the case and in law, Ld. Assessing officer has erred in disallowing expenditure of Rs. 182,025/- without having any basis for such disallowance? 3. Whether, on facts and circumstances of the case and in law, Ld. Assessing officer has erred by not applying slab rate of tax, available to AOP, on Income of charitable trust? 4. Whether, on facts and in circumstances of the case and in law, Ld. Assessing officer has erred by not allowing basic exemption of Rs.200,000/- available to Charitable Trust as Association of person? 5. Whether, on facts....
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.... submitted that it was advised by the chartered accountant to "wait and watch" like many other assessee are facing the same issue. But when the department started recovery of the demand, then another chartered Accountant advised the assessee to file the appeal before the Ld. CIT(A). 7. However, the ld. CIT(A) has denied the condonation of delay as the reason submitted by the assessee was not plausible and upheld the decision of AO. 8. Being aggrieved by the order of the learned CIT-A, the assessee is in appeal before us. 9. The ld. AR before us contended that the appeal before the learned CIT-A was not filed within the prescribed time by the assessee on the advice of the professional. As such, the delay is not attributable on the neglige....
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....e been doubted by the learned CIT(A) in his order. Now the controversy arises to resolve whether the assessee acting on behalf of the professional advice can be held guilty for defiance of any provision of law. The answer certainly goes in favour of the assessee. It is for the reason that the assessee, who was under the bona fide belief upon the advice of the professional, did not prefer any appeal before the learned CIT(A). However, at the same time the assessee upon the initiation of the recovery by the Department immediately approached to another consultant who advised to file the appeal before the learned CIT(A). All these necessary facts are arising from the submissions made by the assessee before the learned CIT(A). The relevant porti....
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....roduced above. The above finding of the learned CIT(A) justifies the stand of the assessee that it was the mistake of the consultant and not the assessee. Assessee just followed the advice of the expert. Thus, the assessee should not be facing any hardship on account of the advice of the 3rd party, who was the expert of the subject. In such facts and circumstances, we also note that the Hon'ble Madras High Court in the case of Hosanna Ministries Vs. ITO reported in 80 taxmann.com 173 has condoned the delay which was attributable to the advice of the consultant being a chartered accountant. 13. Proceeding further, we note that the assessee was not registered under section 12A of the Act for the year under consideration but it got registered....
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....e, the CIT has the power to correct such an assessment under section 264(1) of the Act. If the CIT refuses to give relief to the assessee, in such circumstances, he would be acting de hors the powers under the Act and the provisions of the Act and, therefore is duty-bound to give relief to an assessee, where due, in accordance with the provisions of the Act. 19. In the present case, the respondent-CIT has nowhere stated that the petitioner is not entitled to the relief under section 10(10C) of the Act. In fact, the said position is undisputed. The Assessing Officer himself had passed an order under section 154 of the Act, granting such relief. In the circumstances, even the order under section 264 of the Act made on 29-3-2004, cannot be ....
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....ndustry versus CIT reported in 154 Taxman 33 wherein it was held as under: It is equally well-settled that where a cause is consciously abandoned (as in the present case) the party seeking condonation has to show by cogent evidence sufficient cause in support of its claim of condonation. The onus is greater. One of the propositions of settled legal position is to ensure that a meritorious case is not thrown out on the ground of limitation. Therefore, it is necessary to examine, at least prima facie, whether the assessee has or has not a case on merits. 16.1 In view of the above, and after considering the facts in entirety, we note that the judgements referred by the learned CIT(A) in his order are distinguishable from the facts of the p....