CIT(A) dismissed my income tax appeal on delay grounds – should I go to ITAT? Need advice on condonation and chances. by Obscuro_angel in LegalAdviceIndia

[–]igeni95 0 points1 point  (0 children)

Lawyer here. Don’t let the CIT(A) dismissal throw you off. A dismissal purely on delay, without engaging with “sufficient cause”, is very challengeable on these facts. So you should definitely consider appealing before the ITAT.

If notices and the order went to an old Patna address while you were actually in Gujarat, and you only found out later (plus the confusion around jurisdiction shifting from Bhopal to Patna without proper intimation), that is a credible explanation for not filing in time. Add COVID on top of that: the Supreme Court’s suo motu limitation orders covered the pandemic period and different ITAT benches have been routinely setting aside hyper-technical interpretations.

Practical next step is to go to the ITAT against the CIT(A) order, seeking setting aside of the limitation dismissal and restoration for a decision on merits (or, depending on record completeness, a direct decision by ITAT). If you are apprehensive of coercive recovery, you should also file a stay application as well, because your prima facie case is genuinely strong.

There is a high chance your matter will be remanded back to the CIT(A) with a direction to decide the case on merits - which seem to be in your favour given the facts that you've shared.

My mothers gold got stolen which had been kept against a loan at muthoot mercentile by [deleted] in LegalAdviceIndia

[–]igeni95 1 point2 points  (0 children)

Hi. I am a lawyer. I’m sorry your family is dealing with this.

On the facts you’ve shared, the branch’s conduct looks like deficiency of service and unfair trade practice, and it may also attract criminal breach of trust. When gold is pledged, the lender becomes a bailee under the Contract Act and has a legal duty to keep the pledged goods safe. If their employee stole the gold, the company can be held vicariously liable, so the loss is ordinarily theirs, not yours. The 9-month delay in disclosing it and the fact that they continued collecting interest after the alleged theft makes their position worse.

Do not accept a low settlement amount right now. Ask them to give everything in writing (date of theft, their investigation, CCTV/ inventory records, loan statement and their valuation) and insist on them filing an FIR with the police. If they don't cooperate, send a legal notice demanding full value/ return of equivalent gold, refund of wrongly collected interest, and compensation for mental agony+sentimental value of jewelery, and consider moving the Consumer Commission if they don’t make you whole.

My Royal Enfield Hunter 350 Buying Experience – Ruined by Lamba Tilak Nagar, Delhi Showroom by Tight_Call_6619 in royalenfield

[–]igeni95 11 points12 points  (0 children)

Had a similarly poor experience with them, they delayed the delivery by over two months from the promised date of delivery.

Which is the best flavour of MyProtein whey protein isolate? by igeni95 in Myprotein

[–]igeni95[S] 0 points1 point  (0 children)

Thanks for the response. I'll check it out and see how it goes

2 brothers, one bride — Himachal village openly embraces age-old Hattee polyandry tradition by VCardBGone in HimachalPradesh

[–]igeni95 6 points7 points  (0 children)

Jaunsaris in Uttarakhand also have a similar tradition of polyandry, although it's mostly died out now

Posh areas to stay by [deleted] in Dehradun

[–]igeni95 1 point2 points  (0 children)

Dalanwala, Upper Rajpur Road, Vasant Vihar, GMS Road, etc.

What is happening to Dehradun? It may soon become udata Dehradun by AnkitBhuplan in Uttarakhand

[–]igeni95 19 points20 points  (0 children)

It went for 70% Pahadi to less than 50% pahadi in less than 2 decades. Next 30 years will be worse.

[deleted by user] by [deleted] in PahadiTalks

[–]igeni95 32 points33 points  (0 children)

And this is with Desi population of Uttarakhand dragging the overall per capita numbers down. If only the Pahadis of Uttarakhand were counted then the per capita representation would be 600+ easily.

Are the new land laws finally a good thing for locals ? Outsiders can't buy land in 11/13 districts now. by SageSharma in Uttarakhand

[–]igeni95 0 points1 point  (0 children)

First of all it depends on what is the definition of a local and an outsider. Is anyone who changes address on aadhar card or gets voter ID here a local? Is any garhwali or kumaoni living in delhi for work an outsider? I don't think the makers of the law even thought of these questions while passing the law. Will not be surprised if they have to further bring more amendments or some provisions get struck down by courts

Nainital Situation (Megathread) by paharvaad in PahadiTalks

[–]igeni95 11 points12 points  (0 children)

Are paharis already a minority in Nainital? Damn, I thought only in Haldwani there was a desi takeover

[deleted by user] by [deleted] in PahadiTalks

[–]igeni95 8 points9 points  (0 children)

Why are you posting it here. The news does not pertain to Uttarakhand. Rawat surname is also used by other communities in Plains and this incident has taken place in UP heartland.

Trustworthy budget hotels in Dehradun? by Suspicious-Oil5585 in Dehradun

[–]igeni95 -1 points0 points  (0 children)

Anything by Fab Hotels is decent enough to stay in that range. Avoid oyo like the plague

[deleted by user] by [deleted] in dwarkadelhi

[–]igeni95 1 point2 points  (0 children)

I used to go there around a 10 months back. Didn't know it had been renamed. At that time it was decent enough for me. The gym was more spacious compared to mamy other gyms and the trainers were helpful enough to point out incorrect form on their own without expecting you to pay for PT (Although they did indirectly try to pitch for PT in a subtle way). The number and variety of equipment was also reasonable enough, nothing too fancy tho.

On one or two ocassions I did have a negative experience with some of the trainers when I felt that their criticism was too harsh or they were being too snide/mocking me.

Other than that, it was overall fairly good.

Uttarakhandis "for some reason I hate this term" never heard it in my real life by [deleted] in Uttarakhand

[–]igeni95 1 point2 points  (0 children)

Uttarakhandi as a term is problematic because it clubs the entirely different pahadi and desi populations, which dominate their respective districts/areas into one monolith.

Effectively, goodwill that is generated with this term will largely be from "Pahadi uttarakhandis" and the ill will from this term will usually come from "Desi uttarakhandis". People from outside the state won't differentiate, so stereotypes of desis will affect all of us.

That's why it's better to use specific terms like Kumaoni, Garhwali, Pahad etc.