TMI Blog2022 (10) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... by the parties for condonation of delay. Therefore, one has to go by the facts of its own case and the reasons given by the petitioner for condonation of delay. In this case, on perusal of reasons given by the assessee for delay in filing of the appeal, we find that although it appears, the assessee is not deriving any benefit by not filing the appeal within the due date prescribed under the Act, but, from contents of petition filed by the assessee, we could easily make out a case that the assessee has made an afterthought to file the appeal against the order of the CIT(A). Therefore, in our considered view, for these vague reasons, such huge delay of 380 days in filing of the appeal, cannot be condoned. We are of the considered view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has failed to consider the confirmation letters produced in respect of the lenders containing the PAN NO and address of the lenders as valid documents for proving the identity of the lender as well as the genuineness of the borrowings 5) The learned CIT (A) has failed to consider the copies of the ledger printouts as well as bank statements of the assessee but stated wrongly that since because the bank statements of the lenders were not furnished by the assessee genuineness of the lenders and their capacity lend could not be proved. In view of the above grounds and on any grounds that may be adduced before or at the time hearing, it is prayed that the order of the CIT (A) be dismissed and the additions Rs.2340000/- to the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee could able to get confirmation letter from the creditors and got favorable order from the first appellate authority, where the CIT(A) deleted the penalty levied by the AO. Since, the assessee has got necessary evidences in support of addition made by the AO and also got favorable order from the CIT(A) on penalty levied u/s. 271(1)(c) of the Act, the assessee has decided to file appeal against the assessment order passed by the AO u/s. 143(3) of the Act with a delay of 380 days. The delay in filing the appeal is neither intentional and nor to derive any undue benefit. Therefore, the delay may be condoned and appeal filed by the assessee may be admitted for hearing. 5. Ld. DR on the other hand strongly opposed the petition fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. At the same time, various Courts have held that rules of limitation are not meant to destroy the rights of parties, but they are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly, within the time bound prescribed under the Act. Further, in a case, where, for the reasons beyond the control of the petitioner, the appeal could not be filed, then the Courts are well equipped with power to condone the delay, if the petitioner explains the delay in filing of the appeal with a reasonable cause. However, there is no law or mandate in the Act, to condone the delay in each and every case. But, it depends upon facts of each case and the reasons given by the parties for condonation of delay. Therefore, one h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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