TMI Blog2018 (6) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... ed view that the total addition to the income of the assessee on account of purchases from three parties is not justified and cannot be sustained. We, therefore, deem it fit and proper to apply a gross profit rate of 4% and set aside the order of the CIT(A) - Decided in favour of assessee in part. - ITA No. 1274/Mum/2018 - - - Dated:- 31-5-2018 - Shri Saktijit Dey, Judicial Member And Shri Rajesh Kumar, Accountant Member Appellant By : Dr P Daniel Respondent By : Shri Ram Tiwari ORDER Per Rajesh Kumar, Accountant Member The aforesaid appeal has been filed by the assessee against the impugned order dated 02.09.2013, passed by the CIT(A)- 33, Mumbai, for the assessment year 2010-11. 2. The assessee has raised the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eafter, a new accountant was appointed. The assessee came to know about the non-filing of appeal only when the penalty appeal was listed for hearing and it was found that no quantum appeal was filed against the order of the CIT(A). Thereafter, the appeal was filed immediately. The learned AR submitted that the delay in filing the appeal was unintentional, not deliberate and it occurred due to the things which were beyond the control of the assessee. The learned AR further submitted that the reasons for delay being genuine, the assessee may be pardoned and the delay be condoned. He further placed reliance on the decisions of the Apex Court in the case of N Balakrishnan vs. M Krishnamoorthy (AIR 1998 SC 3222) and that of National Thermal Powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion are not meant to destroy the right of the parties. They are meant to see that parties do not resort to dilatory tactics, their remedy promptly. The object of providing legal remedy is to repair the damage caused by reason of legal injury. The law of limitation fixes a life span for such legal remedy for the redress of the legal injury so suffered. Time is precious and the wasted time would never be recalled. The Hon'ble Supreme Court also noted that sufficient cause under section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice to the aggrieved parties. We, therefore, keeping in the view the ratio laid down by the Apex Court in both the above cases, are inclined to condone the delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leaded that the mere fact that the parties are not traceable cannot be the sole ground for making the addition in the hands of the assessee. It was also contended before the CIT(A) that the submissions before the Assessing Officer vide letter dated 14.02.2013 was without prejudice to the additions offered and reserving the right to appeal and no adverse action on the assessee. However, when the same was not followed and complied with by the department, the assessee has filed the appeal before the first appellate authority. The submissions of the assessee did not find favour of the CIT(A), who upheld the addition made by the Assessing Officer by observing as under: 9. I have perused the contents of the letter dated 14.02.2013 which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l authorities. The learned CIT(A) dismissed the appeal of the assessee on the ground that the assessee itself had voluntarily offered the value of purchases to be added to his total income when it was confronted with the fact of non service of notices issued under section 133(6). The assessee also could not produce the said parties before the Assessing Officer. We find merit in the contention of the learned AR that the purchases in the present case are not bogus and the parties involved are not declared as hawala parties by the sales tax department of Government of Maharashtra. The learned AR also contented before us that the Assessing Officer has not disputed the corresponding consumption in the construction and sales of the assessee. Afte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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