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2021 (7) TMI 62 - AT - Income TaxCondonation of delay - inordinate delay of 934 days - Bogus purchases - HELD THAT:- We note that the AO has passed an order completely devoid of any reasoning. Thereafter, the assessee was pursuing rectification application u/s 154 of the I.T.Act. The reasonable brief of the assessee that the rectification application would succeed cannot be said to be not cogent. In these circumstances, when the petition u/s. 154 was rejected assessee filed an appeal before the Ld.CIT(A). Ld.CIT(A) has treated the reasonable cause for the delay to be not sustainable. In our considered opinion Ld.CIT(A) has completely misled himself by not considering at all the fact that the assessment order passed by the AO was completely devoid of any reasoning whatsoever. Despite the assessee providing all the documentary evidence as required by the AO and the fact that notice u/s. 133(6) having also been complied with. Hence, the reasoning stated by the AO in making the 100% addition is completely bereft of any reasoning whatsoever. He has mentioned that after considering the overall facts and circumstances, he is making 100% addition. In our considered opinion this is not any reasoning whatsoever. Hence, assessee belief that he will succeed in the alternative remedy cannot be brushed aside. In these circumstances, in our considered opinion, the delay of filing appeal before the Ld.CIT(A) was on account of cogent and reasonable reasoning and the same ought to have been condoned. The same is as such condoned.
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