आदेश /ORDER

PER C.N. PRASAD, J.M.

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This appeal and cross objection are filed by the Revenue and Assessee against the order of the Ld.CIT(Appeals)-32, New Delhi dated 15.12.2017 for the AY 2009-10.

2. The appeal of the Revenue is filed with a delay of 26 days and the Revenue has filed a petition for condonation of delay in filing the appeal requesting to condone the delay. On perusing the reasons for delay in filing it is observed that the files got misplaced along with project papers and therefore the appeal could not be filed in time by the Revenue. The Ld. Counsel for the assessee do not have any serious objection for condoning the delay of 26 days.

3. Considering the submissions of both the parties and the reasons for filing appeal with a delay of 26 days, we observe that Revenue has reasonable cause in filing the appeal belatedly. Thus, the delay is condoned.

4. The Revenue in its appeal challenged the order of the Ld.CIT(Appeals) in deleting the addition made u/s 68 of the Act and the assessee in its cross objection challenged the validity of reopening of assessment on the ground that notice u/s 148 of the Act was not served and therefore, reassessment order passed u/s 143(3) r.w.s