- (1.) THIS appeal is admitted on the following two substantial questions of law framed in the memo of appeal: 1. Whether on the facts and circumstances of the case the ITAT Delhi Bench 'G' New Delhi was correct to reject the application under Section 5 of the Limitation Act by refusing to condone the delay of 279 days?
(2.) WHETHER the order of the Tribunal rejecting the application under Section 5 of the Limitation Act is sustainable in view of the decisions of Collector, Land Acquisitions. Katiji (Mst.) : [1987] 167 ITR 471 (SC). Auto Centre v. State of U.P. : [2005] 278 ITR 291 (All.) and IT Appeal No. 25 of 2004, Bharat Auto Centre Lanka Ghazipur v. CIT dated 8 -7 -2005. 2. With the consent of learned Counsel for the parties this appeal is being heard and finally decided. Present appeal under Section 260A of the Income -tax Act, 1961 (hereinafter referred to as the 'Act') is directed against the order of the Tribunal dated 8 -7 -2005 for the assessment year 2001 -02, whereby the Tribunal has rejected the appeal of the appellant as barred by limitation arising out of the order of the Commissioner of Income -tax (Appeals) dated 25 -9 -2002.
(3.) THE question for consideration is whether the Tribunal was justified in refusing to condone the delay and rejecting the delay as barred by limitation.;