SHRI RITESH SHOKEEN,NEW DELHI vs. ITO, NEW DELHI

This appeal of the assessee arises from the order of ld. CIT(A)-24, New Delhi vide order dated 27.8.2014 for the A.Y. 2008-09. The ld. counsel for the assessee has pressed ground no. 1 which is reproduced herein above:- “1. On the facts and in the circumstances of the case and in law the ld. CIT(A) erred in not condoning the delay in filing the appeal which was explained with plausible reasons and incontrovertible evidence.”

The brief facts of the case as pointed out by the ld. Counsel for the assessee Mr. K. Sampath, Advocate that the assessee did not get order of the assessment which was taken away by the earlier counsel. As a matter of fact the order was received by the assessee on 23.10.2013 as a certified copy and appeal was filed before the ld. CIT(A) on 11.11.2013. Whereas as per the ld. CIT(A) there is a delay of 34 months after passing the order section 143(3) of the Act and assessee was given many opportunities of hearing but none responded. The ld. CIT(A) opined that the assessee had no sufficient cause for delay in filing the appeal and accordingly he confirmed the order of the Assessing Officer.

I have heard the rival contentions and perused the facts of the case. The ld. counsel for the assessee has relied upon the decision of various courts of law available at page 167 ITR 471(Supreme Court), 278 ITR 291 (Allahabad) 248 ITR 681 by perusing the circumstances and facts of the case, I find the sufficient cause in fling the appeal which as per the ld. CIT(A) is 34 months and as per the assessee the appeal has been filed in time. The cause has been substantiated by the ld. counsel for the assessee and I am convinced with the same and therefore the ld. CIT (A) is directed to condone the delay and further directed to hear the appeal on Page 2 of 4 merit and decide the case on merit after affording adequate opportunities of being heard to the assessee. accordingly grounds of appeal of assessee are allowed.

In the result the appeal of the assessee is allowed.

Pronounced in the open court on 09.03.2017. Sd/- (B.P. JAIN) ACCOUNTANT MEMBER Dated: 09.03.2017 Narender Copy forwarded to: 1) Appellant 2) Respondent 3) CIT 4) CIT (Appeals) 5) DR: ITAT ASSISTANT REGISTRAR