INCOME TAX ACT, 1961

Section 253(5) Section 254(1)

Appeal (Tribunal) - Condonation of delay - Delay in filing of Cross-Objection (C.O.) - Ground raised for the first time by way of C.O., being a legal issue

Assessee, by way of C.O. filed before ITAT, challenged penalty levied by AO under section 271(1)(c) on the ground of non-mention of particular charge of offence in penalty notice. As far as the C.O. filed by assessee was concerned, there was a delay of 327 days in filing the C.O. Assessee explained that the earlier Chartered Accountant did not advise the assessee to file a C.O. and Counsel to whom the case was entrusted later advised the assessee to file C.O. Held: Ground of objection being a legal ground could be raised by assessee before Tribunal for the first time, even without a C.O. which could be decided on the basis of facts already available on record. In these circumstances, plea of assessee for condoning delay in filing C.O. was accepted.

Followed:NTPC Ltd. (1998) 229 ITR 383 (SC) : 1998 TaxPub(DT) 342 (SC)

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2005-06 to 2007-08

INCOME TAX ACT, 1961

Section 271(1)(c)

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