The Commissioner (Appeals) dismissed the appeal on the ground that the assessee had not demonstrated sufficient cause for the condonation of the delay. Tribunal held that The assessee gave the reasons for condonation before the Commissioner (Appeals) and has even filed an affidavit of the concerned employee who was responsible for receiving e-mails on behalf of the assessee. The said affidavit showed that that employee inadvertently failed to notice the e-mail containing the order in question sent to the e-mail ID of the assessee. She has given detailed reasons for missing the e-mail. There was no reason to disbelieve the affidavit. Delay is condoned, the CIT(A) is directed to dispose of the appeal on merit.(AY.2012-13)
Naresh Topandas Aidasani v. Dy. CIT (2024)114 ITR 76 (SN)(Mum) (Trib)
S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Affidavit-Missing E-Mail received-No reason to dis believe the affidavit-Delay condoned-Matter remanded to CIT(A) to decide on merit.[S. 246A, 271(1)(c)]
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