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TMI Blog2012 (7) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... l – Held that:- Reason advanced by the assessee cannot be considered as good and sufficient reason to condone the delay - delay involved is inordinate and not marginal - delay of 164 cannot be condoned simply because the assessee’s case is hard and calls for sympathy or merely out of benevolence to the party seeking relief - delays are not properly explained by the assessee - no reason for condoning such delay - appeal of the Revenue is allowed - ITA No. 438/Hyd/2011 - - - Dated:- 25-5-2012 - SHRI CHANDRA POOJARI, SMT. ASHA VIJAYARAGHAVAN, JJ. Revenue by: Shri M.S. Rao Assessee by: Shri A.V. Raghuram O R D E R PER CHANDRA POOJARI, AM: This appeal by the Revenue and the Cross Objection by the assessee are directed against the order of the CIT(A), Vijayawada dated 14.12.2010 for assessment year 2007-08. 2. The Revenue raised the following grounds of appeal: a) The learned CIT(A) erred in law and facts in accepting the appeal of the assessee and granting relief to the assessee. b) The learned CIT(A) erred in holding that the land or the capital asset in question transferred by the assessee is under Rajendra Nagar Municipality, which is not notifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of Gousia Begum, Hyderabad Others. The Tribunal vide its order dated 16th January, 2012 has held as follows: 5. We have considered the rival submissions. We do not find merit in the contention of the assessee. The land in question giving rise to capital gain was, in fact, urban land though agricultural operations have been carried out on them. The assessee placed before the lower authorities pahani patrika, Certificate and details of electricity Bill/slab pass Book etc. We have held on that basis in earlier paras that the assessee derived agricultural income. But, the question still remains whether the impugned land come within the meaning of capital asset . The land is situated at Narsing Village of Rajendra Nagar Mandal, R.R. District which is within the municipal limits of Rajendra Nagar. According to the learned counsel for the assessee, Rajendra Municipality is not notified by the Central government and therefore the agricultural lands which fall under the jurisdiction of the Rajendra Nagar Mandal cannot be considered as capital asset within the meaning of section 2(14) of the Income-tax Act. But, the fact is that this is urban land akin to the Hyderabad Munic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f two years as contemplated under S. 54B of the Act, assessee is entitled for relief under S. 54B of the Act. In this view of the matter, we set aside the orders of the lower authorities, and restore this issue to the file of the assessing officer for verifying whether the assessee has purchased the agricultural lands within a period of two years, so as to qualify for relief under S. 54B of the Act, and accordingly re-decide this issue in accordance with law and after giving reasonable opportunity of hearing to the assessee. Grounds of the assessee on this issue are allowed for statistical purpose. 10. In view of the above findings of the Tribunal, we are inclined to allow the ground raised by the Revenue by holding that the land which is transferred is a capital asset liable for capital gain. 10.1. In view of the above findings of the Tribunal on the issue relating to the treatment of the land transfer, we are of the opinion that the land transferred by the assessee is a capital asset, liable for capital gain. Hence, this ground of the Revenue is allowed. 4. Respectfully following the above order of the Tribunal, we are inclined to allow the appeal of the Revenue. 5. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se where the delay is inordinate and a case where the delay is of a few days. Whereas in the former case, the consideration of prejudice to the other side will be a relevant factor, so the case calls for more cautious approach, in the latter case, no such consideration may arise and such a case deserves a liberal approach. No hard and fast rule can be laid down in this regard. The Court has to exercise the discretion on the facts of each case, keeping in mind that in considering the expression sufficient cause , the principle of advancing substantial justice is of prime importance. 9. That being so, the argument made by the AR before us has no merit. Further we make it clear that there is no hard and fast rule which can be laid down in the matter of condonation of delay and Courts should adopt a pragmatic approach and discretion on the facts of each case keeping in mind that in considering the expression sufficient cause the principles of advancing substantial justice is of prime importance and the expression sufficient cause should receive a liberal construction. A liberal view ought to be taken in terms of delay of few days. However, when there is inordinate delay, one sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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