9911796707
TMI Blog2019 (5) TMI 2011X X X X Extracts X X X X X X X X Extracts X X X X ..... nerally the norms. Penalty u/s 271AAA has been brought in as a special provision under the Income Tax Act,1961. In the instant case the assessee has filed appeal against the penalty order under section 271AAA before the CIT(A), however, it was tagged along with the appeal against the penalty u/s 271(1)(c). This clearly goes to prove that there was an appeal filed within the due date. Yet, the technicalities have been infracted upon which can be clearly considerable as a bonafide mistake. Condonation of delay is a subjective issue and is to be viewed in the facts each case. In general, the several Courts have held that the approach towards condonation of delay has to be pragmatic and liberal and not pedantic. Keeping in view the above facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd seizure was conducted on 08.10.2010. The income tax return was filed on 28.03.2012 declaring income of Rs. 90,05,810/-. Assessment was completed by assessing the income at Rs. 4,30,65,183/- vide order dated 28.03.2013 and the Assessing Officer initiated penalty under section 271AAA of the Act on the amount surrendered of Rs. 1.75 crores. 3.1 Thereafter, vide his penalty order date 27.03.2015, the Assessing Officer levied penalty amounting to Rs. 17,50,000/- (10% of the surrendered income of Rs. 1.75 crores). 3.2 Simultaneously, the Assessing Officer levied penalty under section 271(1)(c) of the Act vide his order dated 27.03.2015. 3.3 Against the said two orders, the assessee, filed a consolidated appeal before the CIT(A) i.e. a single a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 271(1)(c). This clearly goes to prove that there was an appeal filed within the due date. Yet, the technicalities have been infracted upon which can be clearly considerable as a bonafide mistake. Condonation of delay is a subjective issue and is to be viewed in the facts each case. In general, the several Courts have held that the approach towards condonation of delay has to be pragmatic and liberal and not pedantic. Keeping in view the above facts it cannot be said that the assessee has accrued any benefit by filing the appeal late, the same time revenue is not prejudiced if the case is considered on merits instead of dismissing on hyper-technicalities. Reliance is placed on the judgement of Hon ble Punjab Haryana High Court in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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