9911796707
TMI Blog2017 (10) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant. 2) On the facts & the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) has erred in adding a sum of Rs. 65,36,850/- being expenses incurred by the appellant on behalf of the company without considering the facts of the case that the same has already been considered in the books of account of the company. 3) a) On the facts & the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) has erred in treating the rent income as Income from house property while the appellant w as doing the bus iness of renting of shops and commercial premises in the complex. b) On the facts & the circumstances of the case and in law, the learned Commissioner of Income Tax ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition filed by the assessee to argue that the reasons adduced by the assessee for condonation of delay in filing appeal is not in accordance with law. Therefore, the delay in filing appeal shall not be condoned. 3. Having heard both the sides and considered the material on record we find that the assessee was under judicial custody between 21-09-2010 to 20- 03-2015 in a criminal case and he was acquitted by a competent court on 20- 03-2015 for which the assessee has filed copy of court's order. We further observe that the CIT(A) has passed his order on 7-03-2014 which was served on the assessee on 15-04-2014 and during that time, the assessee was in judicial custody, therefore, could not file appeal in time. Therefore, considering the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in appeal before us. 6. The Ld.AR for the assessee submitted that the CIT(A) has passed exparte order behind the back of the assessee without affording reasonable opportunity of hearing. The Ld.AR further submitted that as stated in the petition for condonation of appeal, the assessee was under judicial custody between 21-09-2010 to 20-03-2015 because of which assessee was not able to appear before the AO to substantiate his case and was not able to file necessary evidences before the CIT(A) to justify his case. Therefore, the case may be set aside to the file of the AO to give one more opportunity of hearing to the assessee to furnish certain evidences. 7. The Ld.DR, on the other hand, strongly supported the order of the CIT(A) and sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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