ITAT directs readjudication in respect of condonation of delay in filing appeal due to treatment of ill-health of wife [Read Order]
![ITAT directs readjudication in respect of condonation of delay in filing appeal due to treatment of ill-health of wife [Read Order] ITAT directs readjudication in respect of condonation of delay in filing appeal due to treatment of ill-health of wife [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/12/ITAT-Mumbai-readjudication-condonation-of-delay-filing-appeal-delay-in-filing-appeal-taxscan.jpg)
The Income Tax Appellate Tribunal (ITAT), Mumbai Bench, directed readjudication in respect of condonation of delay in filing the appeal due to the ill-health treatment of the wife. The assessee, Everest Grande Commercial Premises Co–Operative Society Ltd Appeal, was dismissed by the CIT(A) for the assessment years 2018-19 and 2019-20 solely on the grounds of the delay in filing the appeals.
It was observed that the appeal before CIT(A) filed for addition was made by the assessing officer for assessment years 2018-19 and 2019-20 under the head "Income from Business and Profession." Aggrieved, the assessee filed a further appeal before the tribunal.
During the proceedings, Shabbir N. Akolawala, Counsel for the assessee, argued that the wife of Mr. Shabbir N. Akolawala was suffering from an incurable disease, the rarest in the world. Due to this, she had undergone many major operations in the last few years.
P.D. Chaugule, Counsel for Revenue, supported the order of the CIT(A). The tribunal observed that the ill-health of the wife of the person responsible for accounts, administration, and attending to income tax matters for the assessee constituted a reasonable cause for the delay in filing the appeal before the CIT(A). After reviewing the facts and records, the two-member bench of Padmavathy S (Accountant Member) and Amit Shukla (Judicial Member) directed readjudication in respect of the condonation of delay in filing the appeal due to the treatment of the ill-health of the wife.
To Read the full text of the Order CLICK HERE
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