9911796707
|
Home
Issues involved: Appeal challenging validity of revision order u/s 263 for assessment year 2004-05, condonation of delay in filing appeal before Tribunal.
Validity of revision order u/s 263: The assessee filed an appeal challenging the revision order passed by the Ld CIT u/s 263 of the Act for the assessment year 2004-05, which was received 439 days after the order was passed. The assessee sought condonation of the delay, citing reasons such as being under the impression that the appeal lied before CIT Appeals, Trivandrum. However, the Tribunal noted that the assessee, a senior neurosurgeon, did not provide a valid reason for the delay and should have sought proper legal advice. Referring to judicial pronouncements, the Tribunal emphasized that the reasons cited were not considered as a "sufficient cause" for condonation of delay, leading to the dismissal of the appeal. Condonation of delay: The assessee requested the Tribunal to condone the delay of 439 days in filing the appeal, attributing it to being under the impression that the appeal lied before CIT Appeals, Trivandrum. The Tribunal, considering the background of judicial pronouncements, found the reasons provided by the assessee insufficient to be considered as a "sufficient cause" for condonation of delay. As a result, the appeal was dismissed in limine, as unadmitted. Conclusion: The Tribunal dismissed the appeal filed by the assessee challenging the revision order passed by the Ld CIT u/s 263 for the assessment year 2004-05, citing the lack of a valid reason for the delay in filing the appeal within the stipulated time frame. The Tribunal referred to judicial pronouncements to emphasize the importance of providing a "sufficient cause" for condonation of delay, ultimately leading to the dismissal of the appeal.
|
