BIJAY KUMAR SWAIN,CUTTACK vs. INCOME TAX OFFICER, NFAC
In the result, appeal of the assessee stands allowed for statistical purposes
ITA 118/CTK/2024[2013-14]Status: HeardITAT Cuttack17 May 2024AY 2013-14
Bench: Before Shri Rajpal Yadavrajpal Yadav & Shri R.K.Pandar.K.Pandaassessment Year : 2013-14 Bijay Kumar Swain, Bijay Kumar Swain, Vs. Income Tax Officer, Nfac, Income Tax Officer, Nfac, M/S. M/S. Jholei Swain Jholei Swain & & Sons, Sons, Delhi Khajoor Godown, Chhatra Bazar, Khajoor Godown, Chhatra Bazar, Fruit Market, Cuttack Fruit Market, Cuttack Pan/Gir No Pan/Gir No. (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Lalatendu Sahu, Ca Lalatendu Sahu, Ca Revenue By : Shri S.C.Mohanty, Ld Sr Dr : Shri S.C.Mohanty, Ld Sr Dr Date Of Hearing : 17/0 05/2024 Date Of Pronouncement : 17/0 /05/2024 O R D E R Per R.K.Pandaper R.K.Pandathis Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 19.12.2023 In Appeal No. In Appeal No.Nfac/2012- 13/10150448 Relating To The Assessment Year 2013-14. 14. 2. The Appeal Is Time Barred By 17 Days. The Assessee Has Filed The Appeal Is Time Barred By 17 Days. The Assessee Has Filed The Appeal Is Time Barred By 17 Days. The Assessee Has Filed A Condonation Petition Supported By Petition Supported By An Affidavit, Inter Alia, Stating That Due , Inter Alia, Stating That Due To His High Blood Pressure & Prolonged Illness, He Was Advised By The His High Blood Pressure & Prolonged Illness, He Was Advised By The His High Blood Pressure & Prolonged Illness, He Was Advised By The Doctor To Take One Month Rest. Therefore, There Was Doctor To Take One Month Rest. Therefore, There Was A Delay Of 17 Days In P A G E 1 | 5 Assessment Year : 2013-14
For Appellant: Shri Lalatendu Sahu, CAFor Respondent: Shri S.C.Mohanty, ld Sr DR
Section 142(1)Section 144Section 147Section 148Section 69A
…ion of delay. 3. After going through the condonation petition, we find that the assessee has a reasonable cause for not filing the appeal within the stipulated time. The Hon’ble Allahabad High Court in the case of Ganga Sahai Ram Swarup and another vs. ITAT, 271 ITR 512 (All) held that the delay of short period should be condoned because the assessee was not going to gain anything out of it. We, therefore, condone the delay of 17 days in filing the appeal before the Tribunal and admit the appeal for hearing. 4. Although a number of grounds have been raised, however, all these relate to the exparte order of ld C…