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2012 (12) TMI 446 - ITAT MUMBAIDelay in filing of appeal before Tribunal u/s 253 – Condonation of delay of 449 days – Order passed by CIT (A) on dated 17/2/2010 – On 01/04/2010 assessee filed rectification application u/s. 154 - Inspite of repeated reminders, no response was received from the CIT(A) – Held that:- As the appeal was filed on 17.8.2011 before Tribunal, thus resulting into a delay of 449 days. Considering the facts brought on record, in the form of affidavit, the assessee was prevented by reasonable and sufficient cause for not filing the appeal within the period of 60 days as per Section 253 . Therefore, the delay is condoned and appeal is admitted. Issue in favour of assessee Addition on account of difference in vendors accounts – AO made addition of 25% of purchase – Held that:- As concluding from the facts of the case and considering the above finding of the AO in the remand report. There is no substance in the finding of the CIT(A) as the AO himself has accepted the genuineness of the purchases alongwith reconciliation. Their remains no reason for the addition. Issue decides in favour of assessee
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