Mistake of Counsel May Be Taken Into Account in Condoning Delay: ITAT Amritsar

In the case of Bhagwati Colonizers Pvt. Ltd vs ITO, ITAT Amritsar has held that:

When an assessee authorizes a counsel to appear on his behalf, such authorization is given by placing faith on the legal expertise of the Counsel and also with the hope that the counsel shall take care of the interest of the assessee. Hence, when there is a lapse on the part of the legal counsel, in my view, the assessee should not be found fault with, unless it is shown that the blame put on the counsel with malafide intentions in order to cover up the mistake/lapse on the part of the assessee.

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