(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.
(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.