9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1988 (4) TMI 413 - HC - VAT and Sales Tax
Issues:
Condonation of delay in filing an appeal before the Tribunal due to sickness and negligence of the assessee. Analysis: The case involved a reference made by the Board of Revenue, Gwalior, regarding the delay in filing an appeal by the assessee-dealer, M/s. Anand & Sons, Indore, under the M.P. General Sales Tax Act, 1958. The Tribunal rejected the appeal as barred by time due to a delay of 4 days beyond the statutory period of 60 days. The assessee claimed sickness as the reason for the delay, supported by an affidavit and a medical certificate from a doctor. However, the Tribunal found the explanation insufficient, stating that the sickness was not a valid ground as the memo of appeal was prepared during the illness period, indicating negligence on the part of the assessee. The High Court analyzed the facts and legal precedents cited by both parties. It emphasized that the question of condonation of delay is primarily a factual matter, and the exercise of discretion in such cases is not a question of law. The Court noted that the Tribunal's decision to reject the application for condonation of delay was justified based on the evidence presented. The Court highlighted that the burden was on the assessee to provide a valid explanation for the delay, which was not adequately done in this case. The Court further discussed the principles of condonation of delay, emphasizing that negligence or lack of bona fides on the part of the appellant could impact the decision. It distinguished the legal authorities cited by the assessee, stating that they were not directly applicable to the present case. The Court upheld the Tribunal's decision, stating that there was no sufficient cause to condone the delay and that the Tribunal's exercise of discretion did not warrant interference. In conclusion, the High Court answered the reference against the assessee and in favor of the department, affirming the Tribunal's decision to reject the appeal as barred by time. The Court directed each party to bear their own costs, and the reference was answered accordingly.
|
