Income Tax

Delay in filing appeal for negligence, laches of counsel cannot be condoned – ITAT

Delay in filing appeal for negligence and laches of counsel cannot be condoned as avoidable cause for delay by due care and attention cannot be sufficient cause – ITAT

ABCAUS Case Law Citation:
ABCAUS 2595 (2018) (10) ITAT

The appellant assessee’s appeal was directed against the order passed by the CIT assuming revisionary jurisdiction u/s 263 of the Income Tax Act, 1961 (the Act) and setting aside the case to the Assessing Officer.

At the outset, the assessee submitted that there was a delay of 478 days in filing the appeal.

It was explained that the assessee had earlier appointed a chartered accountant (CA) to represent him in the proceedings u/s 263 before the CIT and thereafter after the receipt of the order u/s 263, the assessee was not guided by the afore said Authorised Representative that a remedy was available to the assessee by preferring an appeal against the order passed u/s 263 before the ITAT.

It was prayed that the delay be condoned and the appeal be admitted to be decided on merits.

On the other hand, the Revenue opposed the assessee’s application for condonation of delay.

The Tribunal noted that the averment of the assessee that he was not properly guided by the AR for preferring an appeal against the order passed u/s 263 of the Act before the ITAT was not borne out from the records.

The Tribunal opined that although the assessee had filed an affidavit in this regard but the assessee also did not exercise proper care and diligence in looking after his own income tax assessment proceedings.

The Tribunal expressed that the assessee cannot entirely shift the onus of carelessness to the AR in this regard.

The Tribunal stated that it is settled law that an avoidable cause for delay by due care and attention cannot be sufficient cause. Cause attributable to negligence or inaction of the party cannot be sufficient cause. Negligence and laches on the part of the counsel cannot be condoned.

Accordingly, the Tribunal dismissed the assessee’s application for condonation of delay resulting in dismissal of the appeal as un-admitted.

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

6 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

2 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago