Sandeep Kumar Jain v. PCIT (2020) 274 Taxman 172 (All.)(HC)

S. 254(1) : Appellate Tribunal-Duties-Condonation of delay of 92 days-Dismissed on the ground that averments made in application was not supported by an affidavit-Directed to file fresh application with in fifteen days of passing of the order-Order of Tribunal is set aside. [S. 253(5), 260A]

Assessee’s appeal  an appeal before the Tribunal seeking condonation of delay of 92 days against order of Commissioner (Appeals). Tribunal dismissed  in limine holding that averments made in application were not supported by any affidavit of assessee or its CA. On appeal High Court allowed the petition and directed the assessee to make fresh application along with affidavit in support of application for condonation of delay in filing appeal before appellate authority within 15 days from date of passing of said order. Matter remanded. (AY.  2008-09)