The case of Chintel India Limited vs. ACIT, Central Circle-17, New Delhi involves appeals filed against the CIT(A)-27’s decision dated 07.06.2019 for the assessment year 2013-14, particularly focusing on the issue of the denial of condonation of delay.
The appeals challenge the CIT(A)’s refusal to condone a delay of 603 days in filing the appeal, which was attributed to the ill-health of the appellant’s counsel. This situation presents a significant discussion on the principles of condonation of delay in judicial proceedings.
The tribunal’s decision to condone the delay was based on precedents set by the Supreme Court and High Courts that emphasize leniency in procedural lapses where no negligence is attributable to the appellant. The decision to restore the appeals for consideration on merits underscores the judicial system’s preference for resolving cases based on substantive issues rather than procedural technicalities.
The bench referred to several landmark decisions, including that of the Supreme Court in N. Balakrishnan v M Krishna Murthy, which advocates for a compassionate approach towards condonation of delay if a reasonable cause is presented.
This case is a pertinent example of the judiciary’s balancing act between strict adherence to procedural laws and ensuring justice by addressing the merits of each case. It reaffirms the legal adage that ‘justice must not only be done but must also be seen to be done.’
Case Analysis of Chintel India Limited vs. ACIT, Central Circle-17, New Delhi, ITA No. 6140/Del/2019
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