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TMI Blog2015 (6) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri N.V. Vasudevan And Shri Jason P. Boaz JJ For the Appellant : Shri Narendra Sharma For the Respondent : Dr. P.K. Srihari ORDER Per Bench These are appeals by the assessee against the common order dated 28.03.2008 of the CIT(Appeals)-III, Bangalore relating to assessment years 2001-02 to 2003-04. 2. There is a delay of about 1836 days in filing these appeals by the assessee before the Tribunal. The reasons for the delay in filing the appeals have been set out in the application for condonation of delay filed by the assessee. It has been stated in the said application that the common order of CIT(Appeals) was passed on 28.3.2008 and received by the assessee on 3.4.2008. It appears that the then GM(Finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, the court must show utmost consideration to the suitor. Our attention was drawn to the decision of the Hon ble Supreme Court in this regard in Ramnath Sao @ Ramnath Sahu Ors. v. Govardhan Sao Ors, AIR 2002 SC 1201. Reliance was also placed on the decision of the ITAT Bangalore Bench in the case of Raghavendra Constructions v. ITO, ITA No.425/Bang/2012, order dated 14.12.2012, wherein the Tribunal condoned the delay of about 678 days in filing the appeal. In doing so, the Tribunal followed the decision of the Hon ble High Court of Karnataka rendered in the case of CIT v. ISRO Satellite Centre, ITA No.532/2008 dated 28.10.2011, wherein the Hon ble High Court condoned the delay of five years in filing the appeal. In the aforesaid case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... doubt. According to him, as per the decision of Hon ble High Court of Karnataka rendered in ISRO Satellite Centre (supra), the delay in filing the appeals ought to be condoned, as the claim of assessee for depreciation could not be denied on the ground on which the revenue authorities had denied the claim of assessee. It was therefore submitted by the ld. counsel for the assessee that the delay in filing the appeal should be condoned and further it should be held that assessee is entitled to benefit of depreciation on goodwill. 7. The ld. DR, however, submitted that the CIT(Appeals) had observed in para 3.4 of the impugned order that in A.Y. 2002-03 and 2003-04, the assessee accepted the disallowance of depreciation on goodwill. Accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal had been filed by the assessee on 18.6.2013. It is therefore probable that the claim of assessee that appeal was not filed due to an earlier advice and later on filed because of the professional advice given by the present counsel is correct. By the decision rendered by the Hon ble Supreme Court in Smifs Securities Ltd. (supra), allowance of depreciation on goodwill is no longer a matter of debate. In such circumstances, we are of the view that the assessee should not be denied benefit which it is entitled to in law purely on technicalities. We are also satisfied that the delay in filing the appeals has occasioned on account of reasonable cause. In this regard, we find that in Raghavendra Constructions (supra), this Tribunal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of Science and PMO. In the aforesaid decision, the Hon ble Court found that the very liability of the assessee was non-existent and therefore condoned the delay in filing appeal. 14. Keeping in mind the aforesaid principles, we shall consider the claim of the assessee in the present case. Admittedly the advice was given by the counsel who appeared on behalf of the Assessee before the Hon ble High Court. The decision of the Hon ble High Court was rendered on 28.2.2012. The appeal has been filed by the Assessee before the Tribunal on 26.3.2012. Hence, we find that there has been no willful neglect on the part of the Assessee. In such matters the advice of the professional would be the point of time at which the Assessee would begin to e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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