TMI Blog2015 (2) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... ally taken for granted. But, in this case, the appellant had explained that the issue involved in the appeal related to an ESOP Scheme that was in force before the merger of the company. Hence, the difficulty in fetching the documents, for the non production of which, the Commissioner of Income Tax (Appeals) rejected the appeal, is definitely a sufficient cause. The Tribunal ought to have condoned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration in this appeal is as to whether the finding of the Tribunal that there was no sufficient cause for the delay is perverse or not ? 4. In the affidavit filed in support of the petition for condonation of the delay, the appellant had stated that what was in question was the allowability of ESOP expenses. The Commissioner of Income Tax (Appeals) had rejected the claim of the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, learned Standing Counsel for the respondent submitted that the question of condonation of delay in filing the appeal lies within the discretion of the Tribunal and that therefore, the exercise of such a discretion one way or the other cannot give rise to a question of law in terms of Section 260A of the Act. Therefore, in essence, it is contended by the learned Standing Counsel that no question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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