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2019 (4) TMI 1584

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..... fore the learned Tribunal, we are inclined to allow the present appeal. Revenue also failed to bring on record any material on record for rebutting the averments made in the Affidavit filed by the Assessee. Request the learned Tribunal to decide the Appeal on merits. Delay condoned. - T.C.(A).No.854 of 2009 - - - Dated:- 10-4-2019 - Dr. Justice Vineet Kothari And Mr. Justice C.V. Karthikeyan For the Appellant : Mr.M.P.Senthilkumar Assisted by Ms.Sree Lakshmi Valli For the Respondent : Mr.M.Swaminathan Assisted by Ms.V.Pushpa and Ms.S.Premalatha Senior Standing Counsel JUDGMENT DR.VINEET KOTHARI, J. The Assessee has filed this Appeal raising .....

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..... nt. 3. The major working capital of the Company was a term loan of ₹ 24.50 lakhs from Tamilnadu Industrial Investment Corporation (TIIC). Right from inception, the Company has only been incurring losses. The assessed loss for the Assessment Year:1990-1991 itself is ₹ 8,37,752 and the returned loss for the A.Year:1991-1992 is ₹ 6,59,756. 4. During early 1992, I suffered a major accident in the factory premises itself. Though by God's grace, I survived, 4 fingers in my right hand was amputated and only portion of the thumb finger survived. I was hospitalised for more than 6 months. 5. It was during this time that the business of the company came to a grinding halt in my .....

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..... were prepared during June 2007 and submitted before the Hon'ble Tribunal on the 11 the June 2007. 4. Having heard the learned counsel for the parties, though we find that no Substantial Questions of Law arises in the present case but taking a lenient and sympathetic view of the matter in view of the aforesaid facts and circumstances, where the main person looking after the business of Appellant Company suffered serious health ailments and loss in business due to which not only the proceedings before the First Appellate Court could not be attended, but also a huge delay occurred in preferring the Appeal before the learned Tribunal, we are inclined to allow the present appeal. 5. The Revenue also failed to .....

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