ITAT could have condoned delay where affidavit explaining reason for delay was annexed therein; matter remanded

INCOME TAX : Where assessee waited for passing of penalty order for which direction was given by Commissioner under section 263 and when such penalty order was passed assessee filed an appeal before Tribunal and in that process, delay occurred, Tribunal could have condoned delay if reason for delay supported by an affidavit was made out by assessee before it; thus, matter was to be remanded back to Tribunal

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