1977 (6) TMI 41 - AT - Income Tax

Summary

Issues:
1. Competency of the appeal due to non-payment of admitted tax and use of old proforma.
2. Consideration of reasonable cause for delayed payment of admitted tax.
3. Interpretation of law regarding ignorance as an excuse.
4. Justification for filing appeal in old proforma.

Detailed Analysis:
1. The appeal was filed by the assessee against the order of assessment, which was dismissed by the Appellate Asst. Commissioner (AAC) as incompetent due to non-payment of admitted tax before filing the appeal and the use of the old proforma. The AAC observed that the appellant did not pay the admitted tax and used the old proforma, leading to the dismissal of the appeal as incompetent.

2. The assessee contended that there was a reasonable cause for the delayed payment of admitted tax before filing the appeal. The counsel argued that the Managing Partner's sudden departure made it impossible to pay the admitted tax on time. The assessee requested condonation of the delay, citing ignorance of the new provision requiring payment of admitted tax before filing the appeal. The Tribunal found that the assessee diligently tried to comply with the law by paying the admitted tax two months before the appeal hearing, indicating a reasonable cause for the delay.

3. The Departmental Representative argued that ignorance of the law cannot be an excuse, emphasizing that everyone is expected to know the law. However, the Tribunal considered the circumstances, acknowledging that the frequent amendments to tax laws make it challenging for individuals to stay informed. Despite ignorance not being a valid excuse, the Tribunal found that the assessee had a reasonable cause for the delayed payment of admitted tax.

4. The Tribunal also addressed the issue of filing the appeal in the old proforma, stating that it was a technical defect that did not render the appeal illegal. The Tribunal emphasized that an appeal should not be summarily dismissed for such irregularities and directed the AAC to consider the appeal on its merits. The Tribunal highlighted that the assessee's lack of awareness of the new provision further supported the argument for a reasonable cause for the procedural error.

In conclusion, the Tribunal allowed the appeal, emphasizing that the assessee had a reasonable cause for the delayed payment of admitted tax and the use of the old proforma. The Tribunal directed the AAC to entertain the appeal and decide it on its merits, considering the facts and circumstances of the case.