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| The Tax Publishers2019 TaxPub(DT) 3808 (Ker-HC) INCOME TAX ACT, 1961
Section 260A
Where assessee must demonstrate cogent reasons to condone the delay and if explanation was not satisfactory, Tribunal had to weigh balance of justice. No prejudice would be caused to respondents if delay is condoned. If not, assessee would suffer. Accordingly, delay was ordered to be condoned on payment of cost of Rs. 25,000.
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Appeal (High Court) - Delay of 122 days - Condonation of -
Assessee-society challenging an assessment Order, filed an appeal before Tribunal, however appeal was filed with delay of 122 days. Assessee explained the reasons for the delay with reference to illness of Secretary of Society. The delay application was taken up along with another appeal filed by another society. In that appeal also there was a delay of 122 days. Tribunal was not satisfied with explanation for the delay. Held: Assessee must demonstrate cogent reasons to condone the delay. If explanation was not satisfactory, Tribunal had to weigh balance of justice. No prejudice would be caused to respondents if delay is condoned. If not, assessee would suffer. In such circumstances reasonable costs would balance the scale of justice. Accordingly, delay was ordered to be condoned on payment of cost of Rs. 25,000.
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
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