BHUBANESWAR MUNICIPAL CORPORATION,BHUBANESWAR vs. DCIT, TDS CIRCLE, BHUBANESWAR, BHUBANESWAR
What did the Tribunal hold?
The Tribunal held that the first appellate authority was wrong in presuming deliberate negligence or malafide intention in the delay. Citing the Supreme Court's judgment in Collector, Land Acquisition v. Mst. Katiji, the Tribunal emphasized a justice-oriented approach for condoning delays.
What were the facts?
The appeals were filed by the assessee against orders that dismissed their appeals due to delay without condoning it. The assessee argued that the delay was unintentional and due to circumstances beyond their control, such as office relocation and frequent transfer of officers.
What were the issues?
Whether the delay in filing the appeals before the first appellate authority should be condoned.
Which sections of the Income-tax Act were involved?
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- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI DUVVURU RL. REDDY(KZ) & SHRI RAJESH KUMAR
Heard together (6 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Per Duvvuru RL Reddy, Vice President These are appeals filed by the assessee against the separate orders passed by ld Addl/JCIT(A)-2, Visakhapatnam all
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