The Tax Publishers2019 TaxPub(DT) 7043 (Bang-Trib)

INCOME TAX ACT, 1961

Section 254(1)

Assessee was a bank and its accounts were required to be audited immediately after closure of financial year, accordingly, delay in filing of appeal had occurred on account of audit works, since assessee/auditor was busy in audit. Reason furnished by assessee for delay constituted reasonable cause and accordingly delay in filing of appeal before CIT(A) was condoned.

Appeal (Tribunal) - Maintainability - Demand confirmed by CIT(A) refusing to condone delay in filing of appeal - Sufficient cause furnished by assessee for delay

Assessee by way of appeal filed before CIT(A) challenged demand raised by AO under section 201(1)/(1A). Before CIT(A) the appeal was filed belatedly and CIT(A) refused to condone delay. Assessee submitted that it was constrained to complete audit as soon as possible after closure of financial year. Hence the officials and auditors were busy in audit works, which had resulted in a delay of about two months in filing appeal before CIT(A).Held: Reason furnished by assessee for delay constituted reasonable cause and accordingly delay in filing of appeal before CIT(A) was condoned.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2010-11


INCOME TAX ACT, 1961

Section 201(1)/(1A)

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