M/S.RAM BAHADUR THAKUR LTD,COCHIN vs. THE ACIT,CORP.CIRCLE-2(1), KOCHI

We have considered the rival contentions. At the outset we find that the assessee has preferred an appeal before the learned CIT(A) with a delay of 2220 days. The said delay had not been condoned by the learned CIT(A) and the appeal was dismissed as not maintainable. Aggrieved assessee is in appeal before us.

Before us the learned A.R. stated that there was an ongoing dispute between the Directors of the assessee company; the estates of the assessee company were put on auction and eventually sold and that the main office of the assessee company which was inside the Port Trust area was taken over by the Cochin Port Trust. All these factors collectively contributed for the delay and the assessee was also incapacitated to enter the premises,

Per contra the learned D.R. vehemently supported the order of the lower authorities and objected to condonation of delay.

Considering the reasons attributed by the assessee as detailed supra and also considering the fact that these reasons were not found to be false, we deem it fit and appropriate in the interest of justice and fair play to remand this appeal to the file of the learned CIT(A) for de novo adjudication on merits after condoning the delay in filing the appeal by the assessee before the CIT(A). Accordingly the grounds are allowed for statistical purposes.

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