2012 (8) TMI 263

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..... e firm and it could not be handed over to the counsel for filing the appeal – Held that:- Assessee had sufficiently explained the delay in filing the appeal before the Tribunal and had made out a case for condonation of delay in filing the appeal - in favour of the assessee
Shantanu Kemkar and S C Sharma, JJ. For Appellant: Shri Peyush Jain, Learned Counsel For Respondent: Shri R L Jain, Lear .....

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..... s under Section 143 (2) and 142 (1) (ii) of the Income Tax Act, an assessment order was passed on 16.12.2008. The Assessing Officer assessed the total income of the assessee by making an addition of Rs.9,00,000/- under Section 68 of the Income Tax Act, on account of cash credit. The Assessing Officer also disallowed interest amounting to Rs.18,272/- by applying Section 14-A of the Income Tax Act r .....

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..... of the Income Tax Act. 6. Learned counsel for the appellant has drawn our attention to the application for condonation of delay which was filed before the Tribunal duly supported by affidavit of the appellant and contended that the detailed reasons were stated in the said application seeking condonation of delay but without going into the said reasons stating the sufficient cause and without con .....

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..... and Anil Birani. The said firm was dissolved with effect from 28.11.2008. It has been further stated that the order of CIT (Appeal) was served on the appellant on 22.01.2010. However, the same was misplaced because of voluminous paper work involved pertaining to partnership period owning to dissolution of the firm and it could not be handed over to the counsel for filing the appeal on account of s .....

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..... gned in the application seeking condonation of delay are sufficient reasons and are forming a reasonable cause for condonation of delay. 10. In the circumstances, we hold that the Tribunal has erred in recording the finding that the assessee has utterly failed to show any reasonable cause for condonation of delay. On the other hand, as observed, the assessee had sufficiently explained the delay i .....

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