2017 (4) TMI 1242

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... The LID CIT Appealr15 erred in passing an order -under section 263 without appreciating that the ITO ward 15(f)(4) has already considered the issue while passing the order dated 21/12/2011 under section 143(3) r.w.s 148 Of the Income Tax Act and the passing of the order under section 263. amounted to a mere change of opinion. 3. The LD CIT Appeal-019 erred in passing an order that, "I, therefore, direct that the assessment order be revised taking the full amount in compensation Rs. 1,03,00,000 as income of Assessee. This may be done after allowing due opportunity to be heard to the Assessee". 4. The Assessee craves leave to add, alter, amend and delete any of the above grounds of appeal. 2. The brief facts of the case....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....retary came to become aware of the provisions of law only when a Chartered Accountant was employed to represent the asseessee's society by the Income Tax Office Ward 21(3)(3). We plead that the asseessee was genuinely prevented from filing the appeal within the time period of 60 days due to lack of knowledge of law. Your honors attention is drawn towards the judgement in case of Commissioner of Income Tax vs.K.P.V. Shaik Mohammed Rowther & Co.(P)Ltd.High Court of Madras. We request your honor to please condone the delay. Thanking you, Yours Sincerely, D. R. Mehta & Associates" 5. We have heard the counsels for both the parties on this ground and we have also perused the material placed on record as we....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....any proceeding after the expiry of limitation period. However, section 5 of the limitation Act 1963 gives power to the court to condone the delay if the applicant/appellant satisfies the court that he had "sufficient cause" have not preferring the appeal within such time. We are conscious of the fact that rules of limitation are not meant to destroy the rights of parties, but at the same time they are meant to see that parties do not resort to dilatory tactics and seek their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury and the law of limitation fixes a lifespan for such legal remedy for the redressal of the legal injury so suffered. The law of limitation is thus founded ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....x Court have held that condonation is not a matter of right and there has to be a reasonable cause for the same. Similar observations were made by Hon'ble Madras High Court in the case of Madhu Dadha Vrs. ACIT [317 ITR 458]. 7. After appreciating the judgments referred to by the parties, we are of the considered view that there is no thumb rule that the delay in all cases is to be condoned. However, "Acceptability of the explanation is the only criteria". Sometimes the delay of the shortest range may be uncondonable due to want of acceptable explanation whereas in certain other cases, delay of a long range can be condoned as the explanation thereof is satisfactory. But when there is reasonable ground to think that the delay was occasione....