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TMI Blog2023 (3) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... of Attorney is available on the record but after seeking adjournment of one or two occasions, he dropped appearing before the Tribunal. Notices issued to the assessee, every time returned un-served with the Postal remark "Addressee Moved", in other words not available on the given address. 3. We find that the assessee has filed its return of Rs. 7,216/- on 29.09.2012. The ld. Assessing Officer selected this case for scrutiny and found huge share application money along with the share premium introduced by the assessee during the year. He sought explanation of the assessee, but assessee failed to submit anything. The ld. Assessing Officer under the compelling circumstances passed an ex-parte assessment under section 144 of the Income Tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons after expiry of relevant period, if it is satisfied that there was a sufficient cause for not presenting it within that period. This expression sufficient cause employed in the section has also been used identically in sub-section 3 of section 249 of Income Tax Act, which provides powers to the ld. Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction of this expression has fallen for consideration before Hon'ble High Court as well as before the Hon'ble Supreme Court, then, Hon'ble Court were unanimous in their conclusion that this expression is to be used liberally. We may make referenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritative pronouncement of Hon'ble Supreme Court in the case of N. Balakrisknan Vs. M. Krishnamurthy (supra). It reads as under: "Rule of limitation are not meant to destroy the right of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury. 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 revisit. During efflux of time newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a life span must be fixed for each remedy. Unending per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erately to gain time then the court should lean against acceptance of the explanation. While condoning delay the Could should not forget the opposite party altogether. It must be borne in mind that he is a looser and he too would have incurred quiet a large litigation expenses. It would be a salutary guideline that when courts condone the delay due to laches on the part of the applicant the court shall compensate the opposite party for his loss". 9. We do not deem it necessary to re-cite or recapitulate the proposition laid down in other decisions. It is suffice to say that the Hon'ble Courts are unanimous in their approach to propound that whenever the reasons assigned by an applicant for explaining the condonation of delay, then such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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