Hindustan Spimg Engineering Pvt.Ltd Vs Assistant Director of Income Tax (ITAT Chennai)
ITAT Chennai held that delay of 373 days in filing of an appeal due to prolonged hospitalization and surgery and ultimate demise of Chartered Accountant handling tax matter is reasonable cause and hence condoned. Further, matter remitted since disallowance towards employee contribution to ESI/PF needs to be factually verified.
Facts- The assessee is a Private Limited Company and filed the original return of income for AY 2018-19 on 30.01.2018 declaring a total income of Rs. 60,15,700/-. The assessee subsequently filed the revised return of income on 09.11.2019 enhancing the total income of Rs. 79,66,160/- by disallowing the employee contribution towards the ESI & PF not remitted within the due date u/s. 43B of the Act. The assessee’s original return was processed u/s. 143(1) assessing the income of the assessee at Rs. 89,03,800/-.
CIT(A) dismissed the appeal. Being aggrieved, the present appeal is filed, however, there was delay of 373 days in filing of an appeal.
Conclusion- Held that delay was due to the reason that the Chartered Accountant (CA) who was handling the tax matters of the assessee underwent prolonged hospitalization and surgery and ultimately passed away. Thus, since there is a reasonable cause for the delay in filing the appeal the same is condoned.
