TaxTMI 
TaxTMI 
TaxTMI 
2023 (11) TMI 986
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.... assessee had written-off the Refund receivable in respect of Maharashtra Value Added Tax (MVAT in short) for the Financial Year 2008-09 and 2009-10 (i.e. AY. 2009-10 & AY. 2010-11). The AO did not allow the write-off of VAT receivable, and passed the assessment order dated 27.03.2015 making addition of Rs. 13,03,839. [After making such an adjustment, the loss returned by assessee increased to Rs. 12,94,907/-.] 5. Being aggrieved by the AO's order u/s. 143(3) of the Act, the assessee preferred an appeal before Ld. CIT(A), who was pleased to dismiss it by order dated 30.06.2016. 6. Aggrieved by the order of Ld. CIT(A), the assessee has preferred this appeal before this Tribunal, and drew my attention to the fact that the amount (VAT refund) which assessee had written off this year (AY 2012-13) was received in AY 2015-16, and assessee had duly offered the same for taxation in AY 2015-16; and therefore the impugned action of Ld. CIT(A) will tantamount to double taxation [of the refund of MVAT] and therefore pleaded to admit this appeal for the interest of justice. With these background facts in mind, let me look at the reasons for delay. In this regard, it was brought to my notice t....
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....of Collector, Land Acquisition v. Mst. Katiji 1987 taxmann.com 1072, analyzed the provisions of law qua limitation Act and held that the expression 'sufficient cause' employed by the legislature in the Limitation Act is adequately elastic to enable the Courts to apply the law in a meaningful manner which sub-serves the ends of justice-that being the life purpose for the existence of the institution of Courts. It was further observed that a liberal approach is requires to be adopted on principle as ordinarily a litigant does not stand to benefit by lodging an appeal late. Further refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties. The Apex Court further held that when substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. It must be grasped that judiciary is respected n....
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....h a delay of more than 6 months. The assessee explained that the delay was on account of earthquake and ill health of his wife coupled with change of his address due to certain family dispute. The Commissioner (Appeals), however, rejected the explanation of the assessee on the ground that the reasons were very general in nature and did not explain specifically as to why the delay had occurred. On second appeal, ITAT held the Courts and the quasi-judicial bodies are empowered to condone the delay if a litigant satisfies the court that there were sufficient reasons for availing the remedy after expiry of the limitation. Such reasoning should be to the satisfaction of the Court. In the instant case, on account of earthquake and ill health of his wife, the assessee had been facing many problems, simultaneously. According to him, order under section 154 was served upon him at the old address. That communication had also consumed time. Therefore, the assessee could not gain anything by filing the appeal late. There was no mala fide imputable to the assessee. The delay in filing the appeal was the result of ill health coupled with the change of his address thrice in a short span. In every....
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.... omission on the part of the Ld. AR as discussed supra. Therefore, taking into consideration the contents of the sworn affidavit of the assessee's director and reason for delay as discussed supra as well as the issue of double taxation brought to my notice, the delay caused in filing of Appeal is condoned in the interest of justice. 8. Coming to the merits of the addition, it is noted the assessee company is a trader of Gold Bullion and Bars. It is noted that under erstwhile indirect tax laws, a person trading in goods had to obtain registration under Maharashtra Value Added Tax Act, 2002 (MVAT Act). Under MVAT Act, when a taxpayer procures goods locally, it has to remit MVAT to the vendor. Similarly, when a taxpayer sells its goods, it collects MVAT from the customer and deposits the same with the MVAT Authorities. A taxpayer is liable to take credit of the MVAT paid to the vendor on procurement which is called input tax credit. Similarly, a taxpayer is liable to deposit the MVAT collected from the customer on sale of goods which is called output tax liability. And a taxpayer can utilize the said input tax credit to set-off against the output tax liability as well as claim refund....