TaxTMI 
TaxTMI 
2017 (1) TMI 570
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....condonation of delay it has been stated that the said delay has occurred on account of bonafide reasons. The reasons cited by the assessee in the affidavit are extracted hereunder: - I Mrs. Vidya Prakash Virkar aged 61 years, Director of Four Oceans Publishers Private Limited do hereby state on solemn affirmation as under: 1. I say that I am a director of Four Oceans Publishers Pvt. Ltd. since September 2012. 1 am conversant with the facts of the case and hence unable to depose the same. 2. I say that the appeal filed by the Assessee Company before the Commissioner of Income tax (Appeals) was disposed of by him by his impugned order dated 03.03.2011. This order was received by us on 08.04.2011. 3. I Say that the time for filing of the appeal before the Tribunal was to expire on 07.06.2011. 4. I say that my father Mr. T. N. Shanbhag was managing director of the company who was handling affairs of the company. After his death on 27.02.2009 there was only one Director of the company viz, Mrs. Asha Narayan Shanbhag. At that time she was 83 years old & physically incapable of conducting the activities of business due to her sickness. 5. I say that no appeal was filed a....
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....(ii) Radhakrishna Rai vs. Allahabad Bank and Others (2009) 9 SCC 733 (iii) CIT vs. WSest Bengal Infrastructure Development Corporation Ltd. (2011) 334 ITR 269 (SC) 2.3 Per contra, the learned D.R. opposed the condonation of delay. 2.4.1 We have heard the rival contentions on the issue of condonatoin of delay of 728 days in filing the appeal for A.Y. 2006-07 and perused and carefully considered the material on record. At the outset we observe that the Hon'ble Apex Court in the case of MST Katiji (167 ITR 471) (SC) while laying down the principles for considering the matters of condonatoin of delay in filing appeals has emphasized that substantial justice should prevail over technical considerations. The Hon'ble Court also explained that 'every days delay must be explained' does not mean that a pedantic approach should be taken. The doctrine must be applied in a natural, common sense and pragmatic manner. In the case of Shakuntala Hegde, L/R of R.K. Hegde in ITA No. 2785/Bang.2004 for A.Y. 1993-94, the ITAT, Bangalore Bench condoned delay of about 1331 days in filing the appeal wherein the plea taken for delay in filing the appeal was due to advice given by a new cou....
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....ion charges and mailing charges under the head "income from House Property" as against under the head "Income from Business" as declared by the Appellant in its return of income. 2. The CIT(A) failed to appreciate that: The Assessee had not let out its premises to Licensee but the arrangement was to simply provide various services to that concern through the appellant's own employees; The nomenclature given to a transaction cannot be decisive as to the head under which an income is to be taxed. 3. The Appellant craves leave to add, alter, delete or modify all or any of the above ground at the time of hearing." 4.2.1 At the outset, the learned A.R. of the assessee submitted that the grounds raised (supra) pertained to only one issue of whether the amount of Rs. 15,50,000/- received from Strand Book Stall for providing warehousing, binding, shrink wrapping, supervision charges, etc. constitute 'income from house property' as held by the Assessing Officer (AO) or 'income from business' as declared by the assessee. According to the learned A.R. the assessee; who reiterated submissions dated 04.03.2010 and others put forth before the learned CIT(A); the main activity of t....
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....d from unless there was a change in the factual and legal position. In the case on hand, the factual position has not changed in this year from that of the earlier years. 4.2.3 In support of the assessee's proposition that the said income of the assessee received from M/s. Strand Book Stall for provision of various services is to be assessed only as 'business income', the learned A.R. of the assessee placed reliance on the following judicial pronouncements which he submitted were based on similar factual situations: - (i) CIT vs. NDR Warehousing Pvt. Ltd. (2015) 372 ITR 690 (Mad.) (ii) Vora Warehousing (P) Ltd. vs. ACIT (1999) 70 ITD 518 (Mum) It was also contends that the judicial decisions relied on by the authorities below were not applicable to the factual or legal position of the case on hand. 4.3 Per contra, the learned D.R. for Revenue placed reliance on the orders of the authorities below. 4.4.1 We have heard the rival contentions and perused and carefully considered the material on record, including the judicial pronouncements cited. On an appreciation of the facts as emanate from the record it is not disputed that the assessee received an amount of Rs. 1....