TMI Blog2017 (4) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... fect to appellate order. If delay is not condoned, the assessee company will have no other option to seek remedy under law and would be deprived of natural justice. Even if appeal is admitted the same would be decided on the merits of the case and therefore admission of the same would not prejudice the interest of the revenue department. - ITA No.4585/Mum/2014 - - - Dated:- 7-4-2017 - SHRI R.C.SHARMA, AM AND SHRI RAM LAL NEGI, JM For The Assessee : Shri Pradeep M Kapasi For The Revenue : Shri Rajat Mittal ORDER PER R.C.SHARMA (A.M): This is an appeal filed by the assessee against the order of CIT(A) for the assessment year 1998-99, in the matter of order passed u/s. 154 r.w.s. 250 of the IT Act. 2. The follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03.2012 involving the adjudication of the same issue that was under dispute and was under a bonafide belief that it had not to file a separate appeal against order dt.27.03.2003 for giving effect to appellate order, iii. There was no negligence nor any inaction on part of the appellant, iv. The appellant was pursuing other remedies under the law and hence there was sufficient and reasonable cause for not filing the present appeal in time, v. If the delay is not condoned, the appellant will have no other option to seek remedy under law and would be deprived of natural justice, vi. Even if the appeal is admitted the same would be decided on the merits of the case and therefore admission of the same would not prejudice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... derived from the New Industrial undertakings and as such reducing the quantum of deduction u/s 80HH ,80I 80IA. b) Your appellant submits that: i. the said expenditure namely corporate expenses, regional administration expenses, interest on corporate funds, common R D expenses and advertisement expenses were not incurred for the purpose of earning income from new industrial undertaking and therefore were not liable to be deducted in determining the profits derived from such undertakings, and further submits that income from sale of asset, insurance claims and sundry interest was derived from the said industrial undertakings and was eligible for deduction u/s 80HH,80I and 80IA. ii. due to the allocation of the said expen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.11.2012 against Impugned Order u/s. 154 r.w.s 250 dt. 27.03.2003 which was received on 31.03.2003 after alleged delay of 9 years. Appeal was however filed within 230 days of receipt of the said ITAT order. The Ld. CIT(A) vide his order dt. 30.04.2014 dismissed the appeal filed by assessee company by not condoning the delay in filing the appeal and holding that the said appeal was filed beyond the permissible time. 5. Against the order of CIT(A), assessee is in further appeal before us. 6. We have considered rival contentions and carefully gone through the orders of the authorities below and found from record that while dismissing the assessee s appeal vide order dated 30/04/2014, the CIT(A) has observed that pendency of appeal b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res who was travelling outside India. As per our considered opinion, the assessee company was pursuing alternative remedy and pursuit of remedy was a reasonable cause and assessee has established the fact of such pursuit with necessary evidence. 7. It can be seen from the said order of the Hon' ITAT that the assessee company's grievance about the quantum of deduction under chapter VIA in respect of 80HH, 80I 80IA continues and had remained to be addressed. 8. We found that the assessee company was prevented by a sufficient and reasonable cause for the delay on account of pursuit of the alternative remedy up to the date of receipt of the Hon'ble ITAT's order on 08.02.2012 involving the adjudication of the same issue t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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