Income Tax

Appeal delay condonation-when assessee not stand to gain by delaying filing appeals, reasons stated under oath in affidavit cannot be disbelieved

Appeal delay condonation-when assessee not stand to gain by delaying filing appeals, reasons stated under oath in affidavit cannot be disbelieved – ITAT

 ABCAUS Case Law Citation:
ABCAUS 1169 (2017) (03) ITAT

Assessment Year : 2011-12 to 2013-14
Date/Month of Pronouncement: March 2017

Brief Facts of the Case:
There was a delay of 43 days in filing the present bunch of appeals by the assessee. The assessee had filed a petition for condonation of delay supported by an affidavit. It was submitted that since the appeals of the assessee for three years had been disposed of by the CIT(A) by a composite order, the assessee applied for certified copy of the impugned order to file three separate appeals before the tribunal. Due to delay in getting the certified copies , the assessee could not file these appeals within a period of limitation and there was a delay of 43 days in filing these appeals. It was has submitted the delay in filing the appeals is neither deliberate nor willful but it was due to the reasons beyond control of the assessee. Hence it was pleaded that the delay of 43 days in filing of the appeal may be condoned.

Observations made by the Tribunal:
The Tribunal observed that the assessee had explained the reasons for the delay in filing the appeals in the affidavit that the appeals of the assessee were disposed of by the CIT(A) by a composite order and therefore the assessee applied for certified copies of the order passed by the CIT(A) as well as the Assessing Officer. This process of taking the certified copy took sometime and therefore there is a delay in filing the appeals.

The Tribunal noted that there was nothing on record to suggest that by filing the appeal belatedly the assessee intended to achieve some ulterior purpose or motive.

Therefore the ITAT opined that when the assessee was not going to take any benefit by delaying the filing of appeals then in the facts and circumstances of the case the reasons explained by the assessee as stated under Solemn Oath in the affidavit cannot be disbelieved.

In the facts and circumstances of the case and in the interest of justice the Tribunal was satisfied that the assessee was having reasonable cause for not filing the appeal within the period of limitation

Held:
The delay of 43 days in filing of appeal was condoned. 

Download Full Judgment

Share

Recent Posts

  • FCRA

FCRA specifies list of 105 purposes to be selected for which registration is applied

FCRA specifies list of purposes to be selected for which registration is applied.  The Ministry of Home Affairs has notified…

1 day ago
  • Income Tax

Withholding tax u/s 40(a)(i) not required on cost-to-cost reimbursement made to parent company

Assessee was not liable to withhold tax at source u/s 40(a)(i) on cost-to-cost reimbursement made to parent company In a…

1 day ago
  • Government

Temporarily blocking public access to Telegram App not disproportionate – Delhi High Court

Temporarily blocking public access to Telegram App under section 69A of IT Act 2000 is not disproportionate - Delhi HC…

4 days ago
  • Income Tax

High Court explains the meaning of term ‘enterprise’ appearing in section 80IA

High Court explains the meaning of term ‘enterprise’ appearing in section 80IA to means a project or an undertaking owned…

5 days ago
  • Income Tax

Addition deleted as assessee was only a carrier of cash not owner who came up to own it

Addition deleted as assessee was only a carrier of cash and the real owner had come forward owning the cash…

6 days ago
  • RTI

Lokayukta Police not exempt from disclosure of information under RTI Act 2005 – SC

Lokayukta Police not an ‘intelligence and security’ organisation  and hence not exempt from disclosure of information under RTI Act 2005…

1 week ago