2020 (8) TMI 617 - HC - Income Tax

Condonation of delay of 1333 days - Appeal to tribunal as against the order of the CIT u/s 263 - HELD THAT - No substantial questions of law arising in the present appeal - We are of the opinion that the Tribunal could have condoned the delay upon application supported by an affidavit if a reasonable ground for delay was made out by the Assessee. We are inclined to allow the present appeal and remand the matter back to the learned Tribunal by giving an opportunity to the Assessee to file such application for seeking condonation of delay, along with affidavit of the Assessee or its counsel, subject to payment of cost of ₹ 25,000/- (Rupees Twenty Five Thousand only) by the Assessee to the respondent Revenue Department.

Summary

Issues:
1. Delay in filing appeal under Section 260A of the Income Tax Act.
2. Dismissal of appeal by the Tribunal due to delay.
3. Condonation of delay and grounds for delay.
4. Lack of substantial legal questions in the appeal.
5. Remand of the matter back to the Tribunal.

Analysis:

The appellant filed an appeal under Section 260A of the Income Tax Act against the Tribunal's order dismissing the appeal against the Commissioner of Income Tax's order under Section 263 of the Act. The appeal was delayed by 1333 days, and no application for condonation of delay was filed before the Tribunal despite opportunities. The Tribunal found the appeal not maintainable due to the delay. The appellant argued that the delay was due to waiting for the penalty order to be passed by the Commissioner of Income Tax. The Tribunal dismissed the application for condonation of delay on 29 April 2016.

The counsel for the Revenue supported the Tribunal's decision, citing the lack of an application for condonation of delay. The High Court noted that no substantial legal questions arose in the appeal but opined that the Tribunal could have condoned the delay if reasonable grounds were presented. Consequently, the High Court allowed the appeal and remanded the matter to the Tribunal for the appellant to file an application seeking condonation of delay, supported by an affidavit. The appellant was directed to pay a cost of &8377;25,000 to the Revenue Department.

If the cost was deposited within four weeks, the Tribunal's order dated 29 April 2016 would be set aside, and the matter would be restored to the Tribunal for the Assessment Year 2007-08. The appellant was instructed to file the application for condonation of delay with an affidavit explaining the reasons for the delay. The High Court disposed of the appeal with these directions, emphasizing the importance of following the legal procedures and providing valid grounds for delay in filing appeals under the Income Tax Act.