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TMI Blog2015 (9) TMI 749X X X X Extracts X X X X X X X X Extracts X X X X ..... and, would be a pointless exercise and that it was only after receiving the notice under Section 263 of the Act, the assessee found it necessary to challenge the order of assessment as also notice for reopening an already concluded assessment issued under Section 148 of the Act, held that there was sufficient reason for delay in filing the delay. No ground for interference with such order of the Tribunal. As such, we are of the opinion that the order of the Tribunal is perfectly justified in law - Decided in favour of the assessee. - ITA No. 399/2009 - - - Dated:- 18-8-2015 - Vineet Saran And B. Manohar, JJ. For the Appellant : Sri K V Aravind, Adv. A/w Sir E I Sanmathi, Adv For the Respondent : Sri A Shankar, Adv ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l has been filed by the Revenue, which was admitted on two substantial questions of law, but the learned counsel for parties have jointly stated that the only one question of law arises for determination in this appeal, which is as follows: Whether the Tribunal was correct in proceeding to set aside the order of the Appellate Commissioner by condoning the delay of 331 days without examining the reasons for such condonation and consequently recorded a perverse finding? 2. We heard Sri K V Aravind, learned counsel for the appellants/Revenue as well as Sri A Shankar, learned counsel for the respondent/assessee and perused the records. 3. Initially, no appeal was filed by the assessee against the assessment order dated 31.3.2006. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal, we are satisfied with the reasons given by the Tribunal for condoning the delay and as such do not find any ground for interference with such order of the Tribunal. As such, we are of the opinion that the order of the Tribunal is perfectly justified in law and thus, we dismiss this appeal by answering the question of law in favour of the assessee and against the revenue. However, there shall be no order as to cost. 6. Since the matter has been pending for a substantial length of time, we may observe that the Commissioner of Income- Tax (Appeals) shall decide the appeal of the appellant on merits and in accordance with law, as expeditiously as possible, preferably within three months of filing a copy of this order before the conce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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