9911796707
Advanced Search 
TMI Blog2020 (2) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent. P.C:- 1. Heard Mr. Irani, learned counsel for the appellant and Mr. Tejveer Singh, learned standing counsel, revenue for the respondent. 2. This appeal has been fled under Section 260A of the Income Tax Act, 1961 ("the Act" for short) against the order dated 30.11.2016 passed by the Income Tax Appellate Tribunal, "H" Bench, Mumbai ("Tribunal" for short) in ITA No. 4866/Mum/2015 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Year under consideration, Assessing Officer passed the assessment order on 01.02.2012. In the said assessment order certain deductions were allowed under Section 80IC of the Act. 4.2. The jurisdictional administrative Commissioner i.e. Commissioner of Income Tax -8, Mumbai was of the view that the Assessing Officer had wrongly allowed deduction under Section 80IC of the Act. He was of the furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls)-17, Mumbai i.e. the first appellate authority. However, by the appellate order dated 28.08.2015, the first appellate authority dismissed the appeal of the petitioner. Aggrieved thereby petitioner preferred appeal before the Tribunal which was registered as ITA No. 5096/Mum/2015. In the meanwhile, petitioner having realised that the order passed by the jurisdictional administrative Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 resulting in dismissal of the appeal as time barred. 6. On going through the relevant portion of the order passed by the Tribunal, we find that Tribunal did not accept the contention of the appellant that it was under a bonafide belief that since it had fled appeal against the consequential order of assessment as affirmed by the first appellate authority, its interest would be protected and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Delay in fling the said appeal is condoned and the matter is remanded back to the Tribunal for hearing the appeal on merit in accordance with law after giving due opportunity to the parties. Accordingly, the two substantial questions of law are answered in favour of the assessee and against the revenue. 10. However, we would like to add that appellant should pay cost of Rs. 25,000/- to the Mah ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
