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2012 (12) TMI 815 - ITAT DELHIDeduction u/s 54 - CIT(A) allowed the claim - assessee contested against delay in filing appeal by revenue - Held that:- Where the time for referring an appeal has expired, a valuable right is secured to the respondent or the opposite party and such right ought not to be lightly disturbed as held in the case of Ramlal v. Rewa Coalfields Ltd.[1961 (5) TMI 54 - SUPREME COURT]. The appeal preferred or made after the expiry of the prescribed period can be admitted only if the assessee satisfied the Tribunal that there was sufficient cause for not preferring the appeal within such period. As in this case the Department did not file the appeals within due time in this case and cause shown by it does not conclusively show that same is reasonable or sufficient. It was a case of no action on the part of the AO inasmuch as even after obtaining authorization from concerned CIT on 30.08.2010, the appeal was filed on 29.03.2012 and no material or evidence to justify such inordinate delay of 557 days has been adduced except taking general type of plea of oversight and pressure of overwork, Department has sought condonation of delay, which, cannot be held to be a sufficient or reasonable cause for not filing the appeal within stipulated time - in favour of assessee.
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