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| The Tax Publishers2020 TaxPub(DT) 3360 (Mad-HC) : (2020) 274 TAXMAN 0489 INCOME TAX ACT, 1961
Section 254
Since Tribunal could have condoned delay upon application supported by an affidavit if a reasonable ground for delay was made out by assessee, matter was remanded back to Tribunal by giving an opportunity to assessee to file such application for seeking condonation of delay, along with affidavit of assessee, subject to payment of cost.
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Appeal (Tribunal) - Maintainability - Condonation of delay of 1333 days in filing appeal before Tribunal -
Assessee sought condonation of delay of 1333 days in filing appeal before Tribunal. Assessee pleaded that it was waiting for passing of penalty order, for which a direction was given by PCIT under section 263. According to assessee, it filed appeal before Tribunal, when penalty order was passed by CIT challenging said order under section 263 itself and in that process, delay occurred. Assessee pleaded that it was given very short time to file application seeking condonation of delay and thus, it could not file application. Held: Tribunal could have condoned delay upon application supported by an affidavit if a reasonable ground for delay was made out by assessee. Under said circumstances, instant appeal was allowed and matter was remanded back to Tribunal by giving an opportunity to assessee to file such application for seeking condonation of delay, along with affidavit of assessee or its counsel, subject to payment of cost of Rs. 25,000 by assessee to revenue department.
REFERRED :
FAVOUR : Matter remanded
A.Y. :
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