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2014 (6) TMI 12 - HC - Income TaxRejection of application for condonation of delay – Delay of 253 days – Held that:- Shaikh Ahmad, who was the senior partner of the firm was looking after the accounts and income-tax matters of the appellant-firm and therefore the explanation offered by the appellant-firm that on account of the death of Shaikh Ahmad, senior partner on 15 November 2011, the continuing partners, who are young and inexperienced, could not apply their mind immediately for taking legal opinion and for giving suitable instructions for filing an appeal - the assessee's case is that the appellant-firm has been making loss and the appellant was required to take legal opinion on the question arising from u/s 44AF and 43B of the Act. It is true that the delay is not of few days , but at the same time the delay is not inordinate and there is nothing to doubt the bonafides of the continuing partners of the appellant-firm for the delay in filing an appeal by applying the test for interpretation on expression “sufficient cause” – the assessee has shown sufficient cause for condonation of 253 days in filing an appeal - The Tribunal did not apply the correct legal test and did not even consider the explanation offered by the assessee that the senior managing partner of the appellant-firm had died a few months before the CIT (A) passed the order adverse to the appellant-firm - the Tribunal committed substantial error of law in not considering the material on record – If the Tribunal had any doubt about the stand adopted in the addendum dated 19 June 2013, the same should not have been brushed aside only on the ground that there was no affidavit filed in support of the said addendum. - thus, the order of the Tribunal is set aside – Decided in favour of Assessee.
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