2009 (10) TMI 41 - HC - Income Tax

Delay in filing an appeal negligence of the counsel sufficient reasonable cause held that - counsel who had been handed over the papers took full responsibility that it was his part of negligence on account of which appeal in question could not be filed well within time, as such there was delay. To the said affidavit which has been filed there was no material to counter the averments mentioned therein, in this background once there was no counter material then assessee ought not to have penalized for such fault of his counsel who had been handed over entire papers after fulfilling each and every requisite formality required for but failed to file appeal in time appeal to be treated to be filed well in time ITAT directed to decide the appeal on merit.

Summary

Issues:
1. Delay in filing appeal before Income Tax Appellate Tribunal.
2. Justification of the Tribunal's decision to dismiss the appeal as time-barred.
3. Consideration of whether the appellant should be penalized for the counsel's fault.

Issue 1: Delay in filing appeal before Income Tax Appellate Tribunal
The case involved an appeal against an order passed under Section 144 of the Income Tax Act 1961. The appellant's counsel failed to file the appeal within the limitation period, leading to the dismissal of the appeal as time-barred by the Income Tax Appellate Tribunal. The appellant argued that the delay was due to the counsel's negligence, and the appeal was filed belatedly based on the counsel's fault.

Issue 2: Justification of the Tribunal's decision to dismiss the appeal as time-barred
The key contention was whether the Tribunal was justified in dismissing the appeal as time-barred. The appellant submitted that the delay should have been condoned as there was a reasonable cause for the delay, supported by an affidavit from the counsel taking responsibility for the negligence. The Tribunal, however, found the explanation provided by the appellant insufficient and upheld the dismissal of the appeal.

Issue 3: Consideration of whether the appellant should be penalized for the counsel's fault
The court referred to the principle established by the Hon'ble Apex Court in a previous case, emphasizing that a party should not be penalized for the negligence of their advocate. In this case, the counsel admitted to the negligence that led to the delay in filing the appeal. The court accepted the counsel's affidavit as sufficient cause for the delay and allowed the application under Section 5 of the Limitation Act, condoning the delay and treating the appeal as filed within time. The Tribunal was directed to decide the appeal on its merits within a specified timeframe.

Overall, the court allowed the Income Tax Appeal, emphasizing that the appellant should not be penalized for the counsel's fault, especially when there was no counter material to challenge the counsel's affidavit taking responsibility for the delay. The court's decision highlighted the importance of considering the circumstances and reasons behind delays in legal proceedings, ensuring that justice is served without unfairly penalizing the parties involved.