1980 (6) TMI 61

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....June, 1973. By a deed dt.25th July, 1973effective from1st July, 1973Shri Ram Niwas took five others as partners and he continued business in the same line. The application for registration should have been filed before the close of the accounting year, viz.31st March, 1974, but is actually filed on30th Sept., 1976. The assessee filled an application for condensation of delay and pleaded that the delay took place because of the advice given by Shri Jai Parsad Jain, Advocate, who had advised the assessee that the application for registration had to be filed at the time of the assessment. An affidavit dt.29th Feb., 1976of Shri Jai Parshad Jain, Advocate was also filed. The ITO, however, did not accept the assessee's application for condemnatio....

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....d the ld. Rep. of both the parties. In Concord of India Insurance Co. Ltd. vs. Smt., Nirmala Devi & ors. (1979) 118 ITR 507 (SC) it has been held as under: "Held that the law is settled that mistake of counsel may in certain circumstances be taken into account in condoning the delay although there is no general preposition that mistakes of counsel by itself is always a sufficient ground. It is always a question whether the mistake was bona fides or was merely a device to cover an ulterior purpose such as laches on the part of the litigant or an attempt to save limitation in an underhand way. The court must see whether, in such cases, there is any traint of mala fides or element of recklessness or ruse. If neither is present, legal advice....