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2014 (9) TMI 11 - HC - Income TaxRejection in condonation of delay u/s 249(3) - Delay of three years two months and three days – Continuous perusal of appeal before CIT(A) as well as Tribunal on same issues for earlier assessment years - Held that:- For the AYs 2004-2005, 2005-2006 and 2006-2007, the assessee has been diligently pursuing the matter before the higher forum and has succeeded in getting a decision in its favour, holding that income from letting out of warehouses is business income - when reopening of assessment was done, the assessee had made a specific request to the AO to rectify the original assessment order in the light of the orders passed by the CIT(A) and the Tribunal treating the income from letting out of warehouses as business income for the earlier assessment years, but such request was rejected by the AO - assessee has been continuously pursuing his appeals for the earlier assessment years on the very same issue before the CIT(A) and the Tribunal - the assessee's plea is bona fide and it would constitute “sufficient cause” for not presenting the appeal within the prescribed period – thus, it is a fit case where the assessee is entitled to the benefit of Section 249(3) of the Act – relying upon Collector, Land Acquisition v. Katiji, [1987 (2) TMI 61 - SUPREME Court] – thus, the delay is condoned and the matter is remitted back to the CIT(A) for fresh consideration – Decided in favour of Assessee.
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