2012 (4) TMI 724

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..... doned by the Learned First Appellate Authority and the appeal ought to have been decided on merit. 2. The brief facts of the case are that assessee is an old man of 70 years. He has filed his return on 16.11.2007 declaring an income of ₹ 4,81,560. The return was processed under sec. 143(1) of the Income-tax Act, 1961 but later on the case was selected for scrutiny assessment and a notice under sec. 143(2) of the Act was issued and served upon the assessee. It emerges out from the record that assessee had sold a Flat bearing No. A-30 for a sum of ₹ 68 lacs and claimed exemption under sec. 54 of the Act. Ld Assessing Officer has observed that assessee had a flat i.e. A-30, Mandakini Enclave, Alakhnanda, New Delhi which was stat .....

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..... Thus, assessee has contended that Learned First Appellate Authority had issued notice in October, 2010 and thereafter alleged to have issued in November, 2011. There is time cap of one year between these two notices. The notices alleged to have been issued in November 2011 was not received by the assessee and to this extent, affidavit has been filed. The learned counsel for the assessee further submitted that Learned First Appellate Authority has not disposed of the appeal on merit, without looking into the application filed by the assessee along with the appeal. He prayed that the issue be remitted to the file of the Learned First Appellate Authority for adjudication on merit. 4. Learned DR on the other hand submitted that Learned Firs .....

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..... he view that by filing the appeal late or by not appearing before the Learned CIT(Appeals), assessee will not get any undue benefit rather such type of steps would go against him. This suggests that there cannot be any deliberate attempt at the end of the assessee for filing the appeal late or for not prosecuting the appeal. All these things could happen on account of some bona fide lapse either on account of non-receipt of notice or some communication gap. Therefore, in our opinion, ends of justice would meet if we grant one more opportunity to the assessee to explain the delay in filing the appeal and to prosecute the appeal before the Learned First Appellate Authority. Accordingly, we allow the appeal of the assessee set aside the order .....

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