“Words May Deny, Actions Condone” – Hyderabad ITAT Remands Rental Income Addition for Reassessment
The Hon’ble Tribunal observed that condonation of delay must be inferred when the appellate authority adjudicates the appeal on merits, relying on the Madras High Court decision in Vijayeswari Textiles Ltd. v. CIT [(2002) 256 ITR 560 (Madras)]. An extract from the Tribunal’s judgment is reproduced below:
“We thus, in terms of our aforesaid observations, are of the firm conviction that as the CIT(A) did not stop with the order declining to condone the delay but had considered the matter on both the issues based on which the impugned order was assailed before him, […] therefore, the only inference that can be drawn […] is that he had impliedly condoned the delay involved in the appeal filed before him.”
“Accordingly, the appeal filed by the assessee is allowed for statistical purposes in terms of our aforesaid observations.”
The copy of the order is as under:
