NUTAN RAI,PATNA vs. INCOME TAX OFFICER, WARD- 5(3), PATNA

At the outset, we note that the appeal of the assessee is barred by limitation by 68 days. At the time of hearing the counsel of the assessee explained the reason for delay in filing the appeal. The Ld. D.R did not raise any objection in condoning the delay. After hearing the rival contentions and perusing the materials available on record, we find that the delay is for bonafide and genuine reasons and hence, we condone the delay and admit the appeal for adjudication.

After hearing the rival contentions and perusing the materials available on record, we are of the view that the additional evidences filed by the assessee has a very significant bearing for the adjudication of the issue and accordingly same are admitted. Therefore, the same need to be examined at the level of the ld. AO. Accordingly, we restore this appeal to the file of the ld. AO with a direction to decide the issue denovo after taking into account the additional evidences filed by the assessee and affording reasonable opportunity of being heard to the assessee.

In the result, the appeal of the assessee is allowed for statistical purposes.