INCOME TAX ACT, 1961

Section 253(5)

Appeal (Tribunal) - Condonation of delay - Reasonable cause - Delay on account of assessee having gone with advice of CA

Assessee sought condonation of delay of 93 days in filing of appeal pleading that assessee was unaware of what was to be done after receipt of order of CIT(A) and approached assessee's Chartered Accountant in the first week of December. Later on inquiry from Chartered Accountant, assessee was informed that it would be better to entrust filing of appeal to another Counsel and with the tracing of the Counsel and the preparation of appeal, delay had occurred.Held: On perusal of Affidavit filed by Secretary of assessee Co-operative Bank it was clear that assessee had gone on the advice of Chartered Accountant. The facts mentioned in Affidavit had not been shown to be false or wrong. This being so, assessee had shown bona fides and had given reasonable explanation for delay in filing of appeal. Consequently, delay in filing of the appeal was condoned.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2015-2016

INCOME TAX ACT, 1961

Section 80P(2)(a)(i)

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