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| The Tax Publishers2020 TaxPub(DT) 5222 (Kol-Trib) INCOME TAX ACT, 1961
Section 253(5)
There was no mala fide intention on part of assessee not to file appeal on time before Tribunal and, therefore, assessee could not be penalized for lackadaisical attitude shown by accountant and in the interest of justice delay was condoned.
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Appeal (Tribunal) - Condonation of delay - Reasonable cause - Negligence on part of Accountant
Assessee sought condonation of delay of 93 days in filing of appeal before ITAT. An affidavit was filed by Chairman of assessee bank wherein it was stated that due to negligence on part of Accountant of Bank , who kept the file in a drawer had later forgotten about the file and later when they realized about the omission, there was a delay in filing appeal before Tribunal. Held: There was no mala fide intention on part of assessee not to file appeal on time before Tribunal. Therefore, assessee could not be penalized for lackadaisical attitude shown by accountant and in the interest of justice delay was condoned.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13
INCOME TAX ACT, 1961
Section 263
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