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TMI Blog2012 (8) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... GEMENT Per: Shantanu Kemkar: Heard on the question of admission. 2. The appeal is admitted on following substantial question of law: - "Whether, the learned Income Tax Appellate Tribunal erred in holding that, the assessee has utterly failed to show any reasonable cause for condonation of delay, where the negligence is attributable to the erstwhile manager of the assessee firm?" 3. Copy of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant filed an Appeal IT No.302/2008-09 before the Commissioner of Income Tax (Appeals)-I, Indore. The said appeal was dismissed by the Commissioner of Income Tax (Appeal)-I on 16.12.2009. The appellant preferred a further appeal before the Income Tax Appellate Tribunal (for short, the Tribunal). Since the appeal was barred by limitation, an application seeking condonation of delay was fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal has dismissed the appeal on the ground of limitation in a slipshod manner, causing great prejudice to the appellant. 7. Learned Senior Counsel appearing for the respondent, on the other hand, supported the impugned order passed by the Tribunal. 8. Having considered the submissions made by the learned counsel for the parties, we are of the view that the substantial question of law requires t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and constant heavy losses. In support of the reasons stated in the application, an affidavit of Dilip Birani, proprietor of the appellant-firm and affidavit of R.S. Pasari, Manager of the Firm were filed. The said averments were not controverted by the respondent by filing any counter affidavit. However, the Tribunal vide its order dated 16.12.2011 dismissed the appeal by holding that the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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