2019 (5) TMI 1187

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....e received the copy of the order of the CIT(A) on 05/03/2018. The assessee had discontinued the business and there was delay in engaging legal counsel for preferring appeal before the Tribunal and also for the reason that the authorized representative who appeared for the assessee before the CIT(A) was not keen in representing the assessee before the Tribunal. It was stated that the new counsel engaged by the assessee though was entrusted with the papers on 20/05/2018 took time for studying the papers and preparation of the appeal. This resulted in delay of 61 days in filing the appeal before the Tribunal. It was submitted that the delay was not deliberate and beyond the control of the assessee. Hence, it was prayed that the Tribunal may co....

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....he decision in CIT Vs. Alom Extrusions 305 ITR 227 (SC). When the proviso to Section 40(a)(ia) was introduced to mitigate undue hardship caused to the assessees, the Appellate Commissioner ought to have found that the same is curative in nature and therefore would have retrospective application. D) The Appellate Commissioner erred in upholding the order of the assessing authority issued under Section 154 of the Income Tax Act, 1961 on an issue which is highly disputed and in any case where two views are possible and the view-taken in the order dated 31.03.2008 passed under Section 143(1) was a possible view. There are also conflicting decisions on the point and the majority of the same is in favour of the appellant and supports the....

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.... be curative or remedial in nature, and even the appellants did not have such a case. Instead, by this proviso, an additional benefit was conferred on the assesses. Such a provision can only be prospective as held by this Court in Prudential Logistics and Transports(supra). Therefore, this contention raised also cannot be accepted." 6. Against this, the assessee is in appeal before us. The Ld. AR submitted that issue in dispute is a debatable issue and cannot be dealt by the Assessing Officer vide proceedings u/s. 154 of the I.T. Act. He drew our attention to the following judgments: 1) CIT vs. Ansal Landmark Townships (P) Ltd. (ITA Nos.160 & 161/2015 dated 26th August, 2015 (Del.) 2) CIT vs. Shraddha & S.S. Kale, Joint....