Allahabad H.C : The delay could be deemed to have been condoned even when there are no provisions for deemed condonation of the delay under s. 246(sic)

BY THE COURT :

Having heard learned counsel for the parties, we are of the opinion that some questions do arise from the Tribunal’s order dated March 31, 1987 and we, therefore, direct the Tribunal to make a statement of the case and refer the following questions for the opinion of this Court :

” 1. Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the delay could be deemed to have been condoned even when there are no provisions for deemed condonation of the delay under s. 246(sic) of the IT Act, 1961 ?

2. Whether, on the facts and circumstances of the case, the Tribunal was justified in not entertaining the additional ground taken before it at the time of hearing ?

3. Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the CIT (A) made correctly computation of the capital gain without assigning any reasons for not allowing any cost of improvement to the assessee ? “

The application is partly allowed.

[Citation : 176 ITR 320]