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2013 (10) TMI 1118 - AT - Income TaxCondonation of delay – Held that:- The facts of the delay, which are specified by affidavits and death certificates indicate the unfortunate circumstances which the litigant had to face - The Hon’ble Supreme Court in the case of Mst. Katiji & others [1987 (2) TMI 61 - SUPREME Court] has held that when the technical consideration and cause of substantial justice are pitted against each other the cause of substantial justice has to prevail. It has been further held that while considering the issues of condonation of delay, a rigid and pedantic approach should not be adopted and the issue should be decided conforming to natural justice – Decided in favor of Assessee. Re-opening of assessment when objection raised by assessee is not considered by AO i.e. when the order is not a speaking order – Held that:- Reliance has been placed on the judgment of Supreme Court judgment in the case of G.K.N. Driveshafts [2002 (11) TMI 7 - SUPREME Court] - In view of Hon’ble Supreme Court judgment that the objections are mandatory to be decided by assessing officer. Consequently, no choice but to set aside the assessment back to the file of assessing officer to decide the objections of the assessee by speaking order and then to consider proceeding with reassessment – Decided in favor of Assessee. Allowance u/s 37(1) of the Income Tax Act – Held that:- Expenditure pertaining to the payment made to Canara Bank on the direction of DRT, the hypothecation defalcation and its consequent effect on the immovable property placed by the assessee is purely a civil dispute and any damages allowed in this behalf even referred to as penal by DRT, do not constitute payment for infraction of law – Therefore, deduction allowed – Decided in favor of Assessee. 50% disallowance u/s 40A(ia) – Held that:- Commission payment has been made to foreign parties for procurement of foreign business and they had no presence or office in India – Disallowance deleted – Decided in favor of Assessee.
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