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2006 (2) TMI 142 - HC - Income TaxAppeal – limitation - "1. Whether, Tribunal was right in dismissing the appeal on the point of limitation without appreciating the reasons stated in the affidavit filed by the appellant? 2. Whether Tribunal was right in law in insisting for an affidavit from counsel when there was an affidavit from the director of the company stating the reasons for the delay?" – Held that Tribunal ought to have given a finding whether the assessee has given sufficient cause in the affidavit sworn to by the director of the company, instead of refusing to accept the affidavit itself. In the absence of any finding by the Appellate Tribunal as to the "sufficient cause" for the alleged delay, we are convinced that the Appellate Tribunal has erred in refusing to exercise the discretion under section 5 of the Limitation Act. - Appeal stands allowed and the order of the Appellate Tribunal is set aside
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