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| The Tax Publishers2020 TaxPub(DT) 5268 (Kol-Trib) : (2020) 084 ITR (Trib) 0189 INCOME TAX ACT, 1961
Section 253(5)
Delay in filling of appeal due to pendency of insolvency and bankruptcy proceedings before NCLT, was neither intentional nor deliberate but on account of circumstances beyond control of assessee-company and, therefore, to serve substantial justice, delay was condoned.
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Appeal (Tribunal) - Condonation of delay - Delay was neither intentional nor deliberate -
Assessee-company sought for condonation of delay of 291-days in filing of appeal before ITAT its condonation petition, duly supported by affidavit had attributed delay to pendency of insolvency and bankruptcy proceedings before National Company Law Tribunal. Held: Affadavit submitted by assessee sufficiently indicated that delay was neither intentional nor deliberate but on account of circumstances beyond assessee's control. Therefore, to serve substantial justice, delay was condoned.
Relied:Collector, Land Acquisition v. Mst. Katji & Ors. (1987) 167 ITR 471 (SC) : 1987 TaxPub(DT) 1279 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
INCOME TAX ACT, 1961
Section 80-IA Section 263
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