Vijayeta Buildcon Pvt. Ltd vs. ACIT (2021) 186 ITD 493 / 123 taxmann.com 133 (Jaipur)( Trib.)

S. 253 : Appellate Tribunal – Power to condone delay – delay of 654 condoned. [ S. 253 (5), 254 (1)]

The Tribunal observed that was a delay in filing the present appeal and the period of delay as computed by the Registry was 654 days. Tribunal observed that in the instant case, it had been stated in the affidavits submitted that there has been a change in the management of the company and the tax matter pertaining to the period prior to change of management, it was decided that the same would be handled by the erstwhile management, however, due to change of management and lack of diligence on part of erstwhile employees, the appeal could not be filed. It had been further stated that the matter came to light of the present management on 11-7-2018 when an enquiry was made by the Assessing officer for payment of outstanding demand and thereafter, the appeal papers were prepared and appeal was submitted before the Registry on 20-8-2018 though with a delay of 654 days. The Tribunal was of the view that there was no culpable negligence or malafide on the part of the assessee company in delayed filing of the appeal and as soon as it came to know of the old tax matter pertaining to the period prior to change of the management, it took steps and filed the present appeal. Therefore, the Tribunal believed that there was sufficient and reasonable cause for condoning the delay in filing the present appeal and where substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserved to be preferred. Therefore, in exercise of powers under section 253(5) of the Act, Tribunal condoned condone the delay in filing the present appeal as it was satisfied that there was sufficient cause for not presenting the appeal within the prescribed time. (IT A/ No. 980/JP/ 2018; dt. 27-10-2020) (AY. 2007-08)