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TMI Blog2023 (1) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... c period which were beyond the control of the applicant. Exclusion of the time as directed by the supreme court is also required to be taken into consideration. For the above reasons, it could be said that sufficient cause is made out. Therefore, delay is condoned. Application is allowed. Rule is made absolute. - R/CIVIL APPLICATION NO. 859 OF 2022 IN F/TAX APPEAL NO. 13527 OF 2022 - - - Dated:- 30-8-2022 - HONOURABLE MR. JUSTICE N.V.ANJARIA AND HONOURABLE MR. JUSTICE BHARGAV D. KARIA MR. M.R.BHATT, SR. ADV. FOR M R BHATT CO. FOR THE APPLICANT MS NUPUR D SHAH FOR THE RESPONDENT ORDER PER : HONOURABLE MR. JUSTICE N.V.ANJARIA Heard learned senior advocate Mr. M. R. Bhatt for M. R. Bhatt Co. for the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08- 09 declaring its total income. He claimed Rs.4 crores under the head loss in contract account which claimed was disallowed by the Assessing Officer in its assessment order dated 22.12.2010. The ground weighed with the Assessing Officer was that the respondent failed to prove genuineness of the transaction with one Jay Corporation in respect of which the loss had occurred. The Commissioner of Income Tax (Appeals) confirmed the order of the Assessing Officer. When the respondent approached the Tribunal to challenge the appellate authority s order, the tribunal set aside the said orders and allowed the claim of the aforesaid amount under the head of loss in contract account. 3.1 It appears that the said judgment and order of the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It was stated that the Supreme Court by order dated 10.1.2022 excluded the period from 15.3.2020 to 28.2.2022 in reckoning the limitation which may have been prescribed under any general or special law. 5.2 It was on the aforesaid counts that the delay was sought to be explained. 6. There is no gainsaying that the applicant Revenue was pursuing bona fide a remedy. The delay occurred for that reasons and due to the pendamic period which were beyond the control of the applicant. Exclusion of the time as directed by the supreme court is also required to be taken into consideration. 7. For the above reasons, it could be said that sufficient cause is made out. Therefore, delay is condoned. Application is allowed. Rule is made absolute ..... X X X X Extracts X X X X X X X X Extracts X X X X
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