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2017 (8) TMI 34 - HC - Income TaxCondonation of delay - reason of delay - Held that:- The right of Appeal is a statuary right. Of course, the litigant has to be diligent. The Appellant herein is a Society naturally acting for and on behalf of the members. The affidavit has been filed by the Appellant thereby accepting that it had received the notice under Section 263 of the Income Tax Act on 18/03/2014 and had been to the Income Tax Officer and it was represented to it that the assessment would be taken up by the later date. The affiant of the said affidavit further states that he was not aware that the Appeal could be filed. The Society employed the Charted Accountant on 28th January 2015 and because of which the delay has been caused. It does not appear that the Appellant would stand to gain by delay. It is trite that when the cause for substantial justice and technical consideration are pitted against each other, cause for substantial justice has to be sub-served. As it is found that the Appellant was not to gain by delay and for the reasons stated in the affidavit, we are inclined to exercise our discretion in favour of the Appellant and condone the delay. However, the Appellant also deserves to be mulct with cost for delay that has been caused. In the result, we pass the following order. The impugned order is quashed and set aside on condition that the Appellant deposit cost of ₹ 20000/with the Tribunal on or before 21st August 2017.On deposit of said cost within the period as stipulated above, the Tribunal shall proceed and decide the Appeal on merits after hearing all the parties concerned.
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