9911796707
TMI Blog1979 (9) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... ee had been assessed to tax since asst. yr. 1969-70 and income was determined on the basis of estimate under "small income scheme to help new tax payers". For asst. yr. 1975-76 the assessee declared business income at Rs.6,497 and house property income at Rs. 400. On 8th Oct., 1974 there was a raid on the business premises of the assessee by the Income-tax Department 144.902 Kilograms of silver or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emained was Rs. 6,318 as against the returned income of Rs. 5,095. There was thus no concealment and on merits no penalty could be levied. 4. The crucial question before us is one of limitation. The penalty order was received by the assessee on 31st Aug., 1978, while the appeal was fixed before the Tribunal on 4th Jan., 1976. The assessee filed an application along with the memo of appeal for co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee has been filed along with the condonation application. 5. s. 253(5) provides that the Tribunal may admit an appeal after the expiry of the prescribed period if it is satisfied that there was sufficient cause for not presenting it within the period. Learned counsel for the assessee contended that this mistake under which the appeal was filed before the CIT(Appeals) occurred on account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore which an appeal against an order of penalty for a sum of more than Rs. 25,000, could be filed. 6. Learned D/R very vehemently argued that the delay could not be condoned because assessee's legal adviser was fully aware of the legal position and this was, according to the learned D/R, clear from the application made by the assessee's counsel before the Commr. (Appeals) raising various groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficient cause for the assessee for not presenting the appeal within the period as prescribed under s. 253(3) of the ITO Act. We may also for the sake of analogy refer to s. 14of the Limitation Act which allows exclusion of time during which the appellant bonafide carried on the proceeding before a wrong forum. 8. The delay is, therefore, condoned and the appeal is treated as having been filed w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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