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2012 (11) TMI 173 - ITAT DELHICondonation of delay – penalty – Held that:- Manager (A/c) who has deposed that he had received the penalty order well in time but he put the order in his drawer and it slipped from his mind to take further action - there was some negligence on the part of Manager(A/c) in not making the arrangements for taking further action on the penalty order, can that negligence should cost the assessee a penalty - It will not gain anything by filing the appeal against a penalty order after expiry of limitation. There is no deliberate attempt at the end of assessee to make it appeal time barred - delay in filing the appeal condoned - remit the issue relating to penalty to the file of Learned First Appellate Authority for adjudication on merit - appeal filed by the assessee is allowed for statistical purposes.
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