2024 (8) TMI 734

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....ircumstances of the case. 3. The exparte order passed by the learned Commissioner of Income tax [Appeals], is in grave violation of principles of natural justice, as the appellant could have been afforded another opportunity of hearing, consequently the impugned exparte order passed by the learned Commissioner of Income-tax [Appeals] requires to be cancelled in the interest of justice and equity, on the facts and circumstances of the case. 4. The learned Commissioner of Income-tax [Appeals] is not justified in erroneously holding that the appellant is not interested in prosecuting the appeal. The appellant is under deep financial stress and is running from pillar to post for sorting out various issues relating to his business and further there are no employees with the appellant and the appellant is and was not aware of the nuances of the new regime of income-tax e-proceedings and the posting of hearing were inadvertently not communicated by the appellant to his tax consultant and consequently the notices of hearing sent to the appellant could not be attended for and the said action of the appellant in not responding to the notices are not deliberate or intentional. The learn....

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....such of those transactions which have been transacted on or after 15/12/2016 and the said special rate of taxes cannot be made applicable to the transactions prior to 15/12/2016, on the facts and circumstances of the case. 10. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies himself liable to be charged to interest under section 234B of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing officer on which interest is levied are not discernible and are wrong on the facts of the case. 11. The appellant craves leave to add, alter, amend, substitute or delete any or all of the grounds of appeal urged above. 12. For the above and other grounds to be urged during the course of hearing of the appeal the Appellant prays that the appeal be allowed in the interest of equity and justice." 2. At the outset, the Ld.AR submitted that there is delay of 31 d....

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....tioner / Appellant to consult and approach the present counsel i.e. Sri. V. Chandrasekhar, Advocate for suggesting and taking necessary steps for filing appeal before this Hon'ble Tribunal against the impugned order passed under section 250 of the Act. Thereafter, the Petitioner / Appellant approached the present counsel and briefed him about the issues involved in the present appeal. The present counsel after going through the available papers prepared the appeal papers immediately within a reasonable time. 9. In view of the above fact, that the Petitioner / Appellant could not file the present appeal before this Hon'ble Income Tax Appellate Tribunal, well in time i.e., within 60 days from the date of receipt of order i.e., on or before 11/11/2023 and by the time the Appellant / Petitioner filed this present appeal, there arose a total delay of about 31 number of days in filing this present appeal before this Hon'ble Income-tax Appellate Tribunal as per the provisions of the Act. 10. In view of the above, it is humbly prayed that this Hon'ble Tribunal takes a lenient and compassionate view and condone the delay of about 31 days in filing the present appeal ag....

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.... Ld.DR though objected however could not controvert the reasoning given by the Ld.AR for the delay that was caused in filing the present appeal. We have perused the submissions advanced by both sides in the light of records placed before us. 2.5 In our opinion there is a sufficient cause for condoning the delay as observed by Hon'ble Supreme Court in case of Collector Land Acquisition Vs. Mst. Katiji & Ors., reported in (1987) 167 ITR 471 in support of his contentions. 2.6 It is also submitted by the Ld.AR that there is no malafide intention on behalf of assessee in not filing the present appeal within time. The Ld.DR on the contrary opposed the delay to be condoned. 2.7 Considering the circumstances under which the delay was caused in filing the present appeal before this Tribunal and that nothing contrary could be established by the revenue before us. 2.8 We place reliance on following observations by Hon'ble Supreme Court in case of Collector Land Acquisition Vs. Mst. Katiji & Ors., reported in (1987) 167 ITR 471 wherein, Hon'ble Court observed as under:- "The Legislature has conferred the power to condone delay by enacting section 51 of the Limitation Act of 1963 in ord....