2020 (7) TMI 655 - AT - Income Tax

Condonation of delay in filing the appeal before the CIT(Appeals) - delay of 331 days in filing the appeal - Sufficient cause for delay - HELD THAT - We are of the opinion that the delay in filing the appeal before the CIT(Appeals) supported with the reasons explained in the Affidavit can be accepted. Further the litigant will not gain by delaying the filing of appeal. We support our view, relying on the decision of the Hon'ble Apex Court in the case of Collector, Land Acquisition Vs. MST Katiji others 1987 (2) TMI 61 - SUPREME COURT . Delay in filing the appeal before the CIT (Appeals) is supported with sufficient cause and pragmatic approach should be considered for condonation of delay. Accordingly, we condone the delay of 331 days in filing the appeal before the CIT (Appeals) and restore the entire disputed issues to the file of CIT (Appeals) to admit the appeal and adjudicate on merits - Appeal of assessee allowed for statistical purposes.

Summary

Issues:
1. Delay in filing the appeal before the CIT (Appeals) and condonation of the delay.

Analysis:
The appeal was filed against the order of the Commissioner of Income Tax (Appeals) under sections 143(3) and 250 of the Income Tax Act, 1961. The primary issue raised by the assessee was the delay in filing the appeal before the CIT (Appeals) and the subsequent refusal to condone the delay. The assessee, engaged in software consultancy and corporate training, had filed the return of income with a loss. The Assessing Officer made additions for unexplained investments and outstanding liabilities, leading to a total income assessment. The delay in filing the appeal was attributed to the inadvertence of the accountant, which was supported by the circumstances beyond the control of the assessee.

The Authorized Representative argued that there was no intentional delay and requested an opportunity to substantiate the case with evidence on merits and for the condonation of the delay. The Tribunal considered the arguments and referred to judicial decisions emphasizing substantial justice and equality before the law. Citing the Limitation Act of 1963, the Tribunal highlighted the need for a pragmatic approach to condone delays in filing appeals to ensure justice on merits. Relying on the doctrine of doing even-handed justice, the Tribunal concluded that the delay of 331 days should be condoned based on sufficient cause presented by the assessee.

Consequently, the Tribunal allowed the appeal for statistical purposes, condoned the delay in filing the appeal before the CIT (Appeals), and remitted the matter for fresh adjudication. The Tribunal directed the CIT (Appeals) to admit the appeal, adjudicate on merits, and provide adequate hearing opportunities to the assessee. The assessee was instructed to cooperate in submitting information for the early disposal of the appeal. Other grounds of appeal were not adjudicated as the primary issue of delay was resolved in favor of the assessee.

In conclusion, the Tribunal's decision focused on the importance of condoning delays in filing appeals to ensure justice on merits and equal treatment to all litigants. The Tribunal's ruling emphasized the need for a pragmatic and even-handed approach in interpreting and applying legal provisions to facilitate fair and timely resolution of disputes in tax matters.