Itta/397/2013 Of The Commissioner Of Income Tax Iv v. M/S. Neelimala Estates P. Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD FRIDAY, THE SIXTH DAY OF SEPTEMBERTWO THOUSAND AND THIRTEEN PRESENT THE HON’BLE THE CHIEF JUSTICESRI KALYAN JYOTI SEN GUPTA AND THE HON'BLE SRI JUSTICE K.C. BHANU I.T.T.A. No.397 OF 2013 Between: The Commissioner of Income Tax-IV,Hyderabad ..... Appellant AND M/s. Neelimala Estates Pvt. Ltd.,Srinilayama Apartments,Ameerpet, Hyderabad. .....Respondent The Court made the following : JUDGMENT:(per the Hon’ble the Chief Justice Sri K.J. Sengupta) We have heard Mr. J.V. Prasad, learned counselfor the appellant and gone through the impugned judgment and order of the learned Tribunal. The learnedTribunal in its discretion has condoned the delay inpreferring the appeal. It is the contention of Mr. J.V. Prasad, learnedcounsel for the appellant that the learned Tribunal oughtnot to have condoned the delay as the appeal waspreferred as against the order refusing to condone thedelay by the Commissioner of Income Tax (Appeals).All that was required for remand of the matter is thedecision of the Commissioner of Income Tax (Appeals).We are of the view that the Tribunal is having amplejurisdiction to decide the matter by itself or pass anorder of remand, as it deems fit and proper. The learnedTribunal has analysed and appreciated the grounds ofcondonation of delay and was satisfied with theexplanation. The Tribunal’s satisfaction on facts is finaland this court in exercise of the jurisdiction under Sec.260-A of the Income Tax Act cannot substitute its ownsatisfaction. Consequently, the appeal is dismissed. Nocosts. ______________________ Kalyan Jyoti Sengupta, CJ. _____________ K.C. Bhanu, J.