Bhagwanjibhai N. Delwadia Vs ACIT (Gujarat High Court)
Gujarat High Court held that denial to condoned delay in filing cross-objections without adequate reasoning is not justifiable. Accordingly, order is quashed and delay in filing cross-objection condoned.
Facts- A search was carried out at the residence and business premises of the petitioner on 16.2.1999. An Assessment Order dated 30.3.2001 was passed u/s. 158BC of the Income Tax Act, 1961. Being aggrieved by the Assessment Order, the petitioner preferred an appeal before the Commissioner of Income Tax (Appeals) who by order dated 31.7.2003 deleted certain additions and partly allowed the appeal filed by the petitioner. Being aggrieved by the order passed by the CIT (Appeals), Revenue Department preferred an appeal before the Tribunal.
The petitioner received a notice issued by the Tribunal intimating about filing of the appeal by the Revenue. The petitioner thereafter filed a cross-objection in the said appeal belatedly by 31 days. The Tribunal, by common order dated 23.1.2009, dismissed the appeal filed by the revenue on merits and also dismissed the cross-objection filed by the petitioner by stating that the cross-objection is filed after 8 to 9 months and the petitioner has not provided any valid reason to condone the delay.
