9911796707
TMI Blog2012 (11) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... is not maintainable. 2. The brief facts of the case are that the assessee has filed its return of income on 17.10.2005 declaring an income of Rs.1,81,24,033. An assessment order was framed under section 143(3) of the Income-tax Act, 1961 on 14.12.2007 at a total income of Rs.2,14,72,220. Learned Assessing Officer has made various disallowances, out of that one item relates to disallowance of depreciation on the Maruti Zen (Mould) amounting to Rs.31,92,131. Assessing Officer has initiated penalty proceedings and imposed a penalty of Rs.11,70,000. According to the learned counsel for the assessee, the penalty order was served upon the company on 3.4.2010. It was received through speed post by the security guard of the company Shri Jugal Kish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the delay if a litigant satisfied the Court that there were sufficient reasons for availing the remedy after expiry of the limitation. Such reasoning should be to the satisfaction of the Court. The expression "sufficient cause or reason" as provided in subsection (5) of section 253 sub 3 of 249 of the IT Act is used in identical position in the Limitation Act and the CPC. Such expression has also been used in other sections of the IT Act such as sections 274, 273, etc. The expression "sufficient cause" within the meaning of section 5 of the Limitation Act as well as similar other provisions, the ambit of exercise of powers thereunder have been subject-matter of consideration before the Hon'ble Supreme Court on various occasions. In the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stic consequences. 9. It is axiomatic that condonation of delay is a matter of discretion of the Court. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. Length of delay is no matter, acceptability of the explanation is the only criterion. Sometimes delay of the shortest range may be uncondonable due to a want of acceptable explanation, whereas in certain other cases, delay of a very long range can be condoned as the explanation thereof is satisfactory. Once the Court accepts the explanation as sufficient, it is the result of positive exercise of discretion and normally the superior Court should not disturb such finding, much less in revisional jurisdiction, unle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of justice being defeated. As against this when delay is condoned the highest then can happen is that a cause would be decided on merits after hearing the parties. 3. "Every day's delay must be explained" does not mean that a pedantic approach should be made, why not every hour's delay, every second's delay. The doctrine must be applied on a rational commonsense pragmatic manner. 4. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred, for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. 5. There is no presumption that delay is occasioned deliberately, or on account of culpable neglige ..... X X X X Extracts X X X X X X X X Extracts X X X X
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