M/S.procon Instrumentation Pvt. Ltd., Chennai-2 v. The Assistant Commissioner Of Income Tax, Company Circle-V(2), Chennai

In the High Court of Judicature at Madras Dated : 10.2.2016 Coram : The Honourable Mr.Justice V.RAMASUBRAMANIANandThe Honourable Mr.Justice N.KIRUBAKARAN Tax Case Appeal No.1117 of 2015 M/s.Procon Instrumentation Pvt.Ltd., Chennai-2. ...Appellant/AppellantVs The Assistant Commissioner ofIncome Tax, Company Circle-V(2),Chennai. ...Respondent/Respondent APPEAL under Section 260A of the Income Tax Act, 1961againsttheorderdated28.11.2014madeinI.T.A.No.1648/Mds/2013 on the file of the Income Tax AppellateTribunal 'A' Bench, Chennai for the assessment year 2006-07preferred against the order of the Commissioner of Income TaxAppeals V, Chennai-34 made in ITA.No.292/2010-11 dated 14.9.2012against the order of the Assistnt Commissioner of Income Tax,Company Circle V(2) Chennai made in PAN.No. dated30.11.2000. For Appellant : *Mr.M.P.Senthil Kumar For Respondent : Mr.T.Ravikumar JUDGMENT WAS DELIVERED BY V.RAMASUBRAMANIAN,J This tax case appeal arises out of the dismissal of apetition for condonation of delay by the Income Tax AppellateTribunal. 2. Heard Mr.M.P.Senthilkumar, learned counsel for theappellant and Mr.T.Ravikumar, learned Standing Counsel for theDepartment. 3. The only question of law arises for consideration is asto whether the order of the Tribunal in refusing to condone thedelay is correct or not ? https://hcservices.ecourts.gov.in/hcservices/ 4. In the affidavit in support of the condone delaypetition, the appellant had explained the difficulties faced bythem, which led to the delay in filing the appeal. Therefore,the Tribunal could have taken a practical approach. It isrepeatedly held that while dealing with the petitions forcondonation of delay, pedantic approach should not be adopted.On merits, the matter related to computation of book profitsunder Section 115JB. Hence, the matter was worthy ofconsideration by the Tribunal. 5. Accordingly, the tax case appeal is allowed and the orderof the Tribunal is set aside. The Tribunal is directed to numberthe appeal and take it up for hearing in the usual course. Nocosts. Sd/- Asst.Registrar (CCC) Dated : 25.02.2016 *Order is corrected. Sd/- Assistant Registrar(CS IV) Dated : 22.04.2016 /true copy/ Sub Asst. Registrar 1.The Income Tax Appellate Tribunal 'A' Bench, To be substituted to Chennai. 2.The Assistant Commissioner of Income Tax, Company Circle-V(2), Chennai.the Order already 3.The Commissioner of Income Tax (Appeals)V Chennai 4.The Commissioner of Income Taxdespatched on 18.03.2016 Company Circle (2), Chennai 1 cc to Mr.T. Ravikumar, Advocate, Sr. 8580 1 cc to Mr. Philip George, Advocate, Sr. 8725 KGK (CO)kk 27/2CA(22.04.2016) TCA.No.1117 of 2015