The Tax Publishers2020 TaxPub(DT) 4588 (Jp-Trib) : (2021) 186 ITD 0493

INCOME TAX ACT, 1961

Section 253(5)

There was no culpable negligence or mala fide on part of assessee-company in delayed filing of appeal and as soon as it came to know of old tax matter pertaining to the period prior to change of the management, it took steps and filed the appeal. Accordingly, there existed sufficient and reasonable cause for delay in filing of appeal and, therefore, delay was condoned.

Appeal (Tribunal) - Condonation of delay - Reasonable cause-Change of management and lack of diligence on part of erstwhile employees -

Assessee-company sought condonation of 654 days delay in filing of appeal. Assessee's case was that there had been a change in the management of the company and the present tax matter pertaining to period prior to change of management, it was decided that the same would be handled by the erstwhile management, however, due to change of management and lack of diligence on part of erstwhile employees appeal could not be filed. Held: There was no culpable negligence or mala fide on part of assessee-company in delayed filing of appeal and as soon as it came to know of old tax matter pertaining to the period prior to change of the management, it took steps and filed the appeal. Accordingly, there existed sufficient and reasonable cause for delay in filing of appeal and, therefore, delay was condoned.

Relied:Senior Bhosale Estate (HUF) v. Asstt. CIT [Civil Appeal Nos. 6671-6676 of 2010, dated 7-11-2019] : 2019 TaxPub(DT) 7747 (SC)

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2007-08


INCOME TAX ACT, 1961

Section 253(5)

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com