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2017 (2) TMI 1250 - HC - Income TaxCondonation of delay - Held that - We find that the authorities below should have decided the appeal on merits instead of dismissing it straightway on the ground of delay and laches, inasmuch as the assessee-appellant has been able to show reasonable cause in delayed filing of the appeal. The explanation furnished by the assessee in not approaching the appellate authority, as noticed above, appears to be plausible. In view of the above discussion, the appeal is allowed.
Issues: Delay in filing appeal under Income Tax Act, 1961
Analysis: 1. The appellant filed an appeal under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal, Chandigarh, which affirmed the order of the Commissioner of Income Tax (Appeals)-2, Gurgaon, dismissing the appeal due to a delay of 127 days in filing. 2. The appellant's income tax return declared income from agriculture and a deposit in an Axis Bank account. The Assessing Officer made additions under Section 69 of the Act due to the appellant's non-appearance. The appellant's counsel failed to file the appeal in time due to misplaced records, resulting in a delay of 4 months and 5 days. The Commissioner of Income Tax (Appeals) upheld the dismissal of the appeal, citing the delay as the reason. 3. The appellant argued that he was condemned unheard, emphasizing the principle that no one should be condemned unheard. The appellant contended that he should have been given an opportunity to be heard before the appeal was dismissed on grounds of being time-barred. 4. The High Court observed that the authorities should have considered the appeal on its merits rather than dismissing it solely based on delay. The court found the appellant's explanation for the delay plausible, indicating a reasonable cause for the delayed filing of the appeal. 5. Consequently, the High Court allowed the appeal, setting aside the orders of the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal. The case was remitted back to the Commissioner of Income Tax (Appeals) for a decision on the appeal's merits after providing an opportunity for a hearing to the parties. 6. The parties were directed to appear before the Commissioner of Income Tax (Appeals) for further proceedings on the specified date.
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