2010 (8) TMI 590

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....view of the common issues involved in all the appeals and the parties being the same, these appeals have been taken up together for disposal.   2. The assessee filed appeals before the Commissioner of Income-tax (Appeals) challenging the order of assessment for the assessment years 2000-2001 and 2001-2002. The said appeals have been filed with the condonation of delay applications seeking ....

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....me-tax (Appeals) has dismissed the appeals by holding that the reasons assigned for the delay cannot be accepted.   3. Challenging the same, the assessee filed appeals before the Tribunal and the Tribunal in turn has allowed the appeals. The Revenue has filed the present appeals challenging the orders passed by the Tribunal by raising the following substantial questions of law:   "....

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..... Hence the learned counsel submitted that the appeals will have to be allowed by setting aside the orders passed by the Tribunal. 5. A perusal of the orders passed by the Tribunal would indicate that the Chartered Accountant, who represented the case of the assessee, has filed an affidavit stating the reasons for the delay. It is the case of the assessee that the appeals could not be filed in tim....

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....ithin the time. The Tribunal has found that the delay has been properly explained by the assessee and after convincing with the said reason assigned by the assessee, the Tribunal has exercised its discretion in favour of the assessee. When such a discretion is exercised based upon the materials available on record, we do not find any reason to interfere with the same, especially when the assessee ....