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Dolphin Metal (India) Ltd.,, Ahmedabad vs The Income Tax Officer, Ward-1(4),, ... on 4 May, 2018

In our considered opinion "sufficient cause" as appearing in the limitation Act should be liberally considered and the Tribunal cannot shut the door of justice to a litigant on the score of limitation. When the reason of delay has been properly explained, the Tribunal is to adopt a pragmatic approach to condone the delay when there is no negligence, inaction or want of bona fide on the part of the applicant. Therefore, keeping in view of Rule 24 of the (Income Tax Appellate Tribunal, Rule1963), the decision of Hon'ble Jurisdictional High Court cited in the case of Dolphin Metal (India) Ltd. vs. ITO supra, and the larger interest of the assessee seeking to avail the ongoing Vivad se Vishwas Scheme, 2020, we find -4- MA No.04/Ahd/2021(In ITA No.2865/A/15) Feelings Multimedia Ltd. vs. ITO Asst.Year - 2011-12 that condonation of delay otherwise would not prejudice the interest of the Revenue in any manner rather would do substantial justice to the parties.
Income Tax Appellate Tribunal - Ahmedabad Cites 0 - Cited by 3 - Full Document

Commissioner Of Income Tax vs M/S Fun Multiplex Pvt Ltd on 4 September, 2017

and that of in CIT vs. Multiplan India (Pvt.) Ltd., 38 ITD 320 (Delhi), the Ld. AR relied upon the judgment passed by the Jurisdictional High Court in the case of Dolphin Metal (India) Ltd. vs. ITO whereby and whereunder the Hon'ble Court on identical situation has been pleased to quash the order passed by the Ld. Tribunal in dismissing the appeal for non-prosecution with a direction upon the Ld. Tribunal to fix the matter for hearing. He, therefore, prays for condonation of delay in preferring the appeal before us and also restoration of the said appeal.
Supreme Court - Daily Orders Cites 0 - Cited by 314 - Full Document
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