9911796707
TMI Blog2023 (7) TMI 1507X X X X Extracts X X X X X X X X Extracts X X X X ..... own certain principles and also stated that a liberal approach in condoning the delay should be adopted. The Hon'ble Supreme Court has also considered and reiterated all these principles in the three decisions cited before us of the Hon'ble Supreme Court. We find that the delay in filing of the appeal deserves to be condoned by the learned CIT (A). We are also conscious of the fact that the assessee is unable to explain the complete delay. Therefore, in the interest of justice, assessee is directed to pay ₹5,000/- as a cost for each of these three appeals to be deposited in Prime Minister National Relief Fund within 30 days of the date of this order. Appeals filed by the assessee are allowed for statistical purposes. - SHRI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the order of the learned CIT (A) dated 23rd March, 2023 against the penalty order under Section 271(1) (c) of the Income-tax Act, 1961 (the Act) dated 30th August, 2016, wherein the delay of 119 days was not condoned by the learned CIT (A) holding that the reasons for delay were vague. 05. Thus, against all three appellate orders, assessee is in appeal before us. 06. At the time of hearing, the assessee preferred an adjournment request. The reasons for adjournment were not found proper as it did not give any reasons seeking the adjournment, hence it is rejected. We proceed to decide the appeal of the assessee that whether the learned CIT (A) was correct in not condoning the delay in filing of the appeals. 07. The learned Authorized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the merits of the case the learned CIT (A) has not dealt with and therefore, the huge paper book filed by the assessee cannot be considered at this stage. 09. We have carefully considered the rival contentions and perused the orders of the lower authorities. We find that the assessee is a company engaged in the business of renting of property. For A.Y. 2011-12, the return of income was filed on 25th November, 2011, at ₹44,87,993/- .During the course of assessment proceedings for A.Y. 2012-13, it was found that the rental income have been bifurcated by the assessee as income from other sources and income from house property. Against income from house property, the assessee has claimed standard deduction u/s 24 (a) of The Act at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, in the interest of justice, assessee is directed to pay ₹5,000/- as a cost for each of these three appeals to be deposited in Prime Minister National Relief Fund within 30 days of the date of this order. Subject to the above, the delay in all these appeals, are condoned and matter is restored before the learned CIT (A) to decide all these three appeal in its merit. The assessee is further directed to furnish all the details before the learned CIT (A) on receipt of the notice of hearing. The learned CIT (A) after giving assessee an opportunity of hearing, if requested for, decide the issue in accordance with the law. 011. In the result, all these three appeals filed by the assessee are allowed for statistical purposes. Order pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
