2015 (9) TMI 749 - HC - Income Tax

Condonation of delay - Tribunal proceeding to set aside the order of the Appellate Commissioner by condoning the delay of 331 days - Held that - On having perused the order of Tribunal, we are satisfied with the reasons given by the Tribunal for condoning the delay after considering the averments made in the affidavit of the assessee filed in support of the application for condonation of delay and after holding that the assessee was under belief that filing an appeal, when there is no demand, would be a pointless exercise and that it was only after receiving the notice under Section 263 of the Act, the assessee found it necessary to challenge the order of assessment as also notice for reopening an already concluded assessment issued under Section 148 of the Act, held that there was sufficient reason for delay in filing the delay. No ground for interference with such order of the Tribunal. As such, we are of the opinion that the order of the Tribunal is perfectly justified in law - Decided in favour of the assessee.

Summary

Issues:
1. Delay in filing appeal challenging assessment order.
2. Condonation of delay in filing appeal.
3. Validity of reasons for condoning the delay.

Detailed Analysis:

Issue 1: Delay in filing appeal challenging assessment order
The case involves an assessment year where the assessee filed a return of income, which was not assessed until a notice for reopening assessment was issued under Section 148 of the Income Tax Act. The assessee then re-filed the return in response to the notice, leading to an assessment order being passed. Subsequently, an appeal was filed challenging the assessment order, albeit with a delay of 331 days. The Appellate Commissioner dismissed the appeal on the grounds of delay, prompting the matter to be taken to the Tribunal.

Issue 2: Condonation of delay in filing appeal
The Tribunal, after considering the reasons provided in the affidavit of the assessee for condonation of the delay, found that the assessee believed challenging the assessment order without any demand was unnecessary until a notice under Section 263 of the Act was received. The Tribunal concluded that there were sufficient reasons for the delay in filing the appeal and proceeded to condone the delay.

Issue 3: Validity of reasons for condoning the delay
Upon review, the High Court found the reasons provided by the Tribunal for condoning the delay to be satisfactory. The Court held that there was no justification for interfering with the Tribunal's decision and deemed the order of the Tribunal to be legally sound. Consequently, the appeal was dismissed in favor of the assessee, with no order as to costs. Additionally, the Court directed the Commissioner of Income-Tax (Appeals) to decide the appeal on merits promptly, preferably within three months of receiving a copy of the order.

In conclusion, the High Court upheld the Tribunal's decision to condone the delay in filing the appeal, finding the reasons provided by the assessee to be valid. The judgment emphasized the importance of expeditiously deciding the appeal on merits to ensure timely resolution of the matter.