INGUR PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY,INGUR vs. INCOME TAX OFFICER WARD 2 (2) ERODE , ERODE

The registry has noted delay of 78 days in filing the appeal. Considering the period of delay and reasons pleaded, we condone the delay and admit the appeal for adjudication.

Brief facts of the case are that the assessee instituted appeal before the ld.CIT(A) against the order u/s 143(3) of the Act wherein AO disallowed the deduction claimed u/s 80P(2)(a)(i) of the Act. On appeal to CIT(A), the ld. CIT(A) dismissed the appeal in limine as there was enormous delay of 463 days in filing appeal. Aggrieved, assessee is in appeal before us.

Before the ld. Counsel for assessee submitted that the delay of 463 in filing appeal had arisen due to the reasons as stated in the para 4 of the impugned order. He further, prayed that the appeal may be remanded back to the file of the CIT(A) to decide the appeal on merits after condoning the delay. The ld.DR relied upon the order of the ld.CIT(A) and pleaded for the dismissal of the appeal.

Though we some extent concur with the submissions of Ld.DR Ms. Anitha, Addl. CIT however, keeping in mind the substantial justice, grant one more opportunity to the assesee to prosecute the appeal on merits. The reasons stated in para 4 of the impugned order is ‘sufficient reason’, hence we condone the same. Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for hearing on merits subject to cost of Rs.10,000/- (Rupees ten thousand) which shall be deposited by the assessee Page - 2 - of 3 within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same will be furnished by the Assessee before Ld.CIT(A) whose shall proceed for hearing the appeal on merits after affording proper opportunity of hearing to the assessee. The assessee is directed to substantiate its case with all evidence and documents, if any, forthwith without any fail, failing which Ld.CIT(A) shall be at liberty to proceed with the appeal proceedings on merits as per law.