2011 (4) TMI 1322 - AT - Income Tax

Summary

Issues involved: Condonation of delay in filing appeal against order u/s 263 of the IT Act by the Assessee.

Summary:
The appeal by the Assessee was directed against the order dated 16.3.2007 passed u/s 263 of the IT Act by the Ld. Commissioner of Income Tax, Delhi-V, New Delhi. The Assessee filed a condonation petition citing delay of 1049 days in filing the appeal. The ITAT, after considering the rival contentions, noted that the Assessee had not challenged the order of the C.I.T. when it was received initially. The ITAT observed that the order passed u/s 263 had become final, as the C.I.T. had decided the issue himself and directed the Assessing Officer to re-compute the income based on his decision. The Assessee later filed an appeal against the C.I.T. order u/s 263 on 8.4.2010, much later than the initial order. The ITAT found that the delay in filing the appeal was not liable to be condoned, as the Assessee had accepted the C.I.T.'s order u/s 263 initially and changed its mind after a significant delay. Consequently, the appeal was dismissed as time-barred on the grounds of lack of cogent reason for the delay.

In conclusion, the delay of 1049 days in filing the appeal against the order u/s 263 was not condoned, leading to the dismissal of the Assessee's appeal by the ITAT.