2024 (9) TMI 1673 - AT - Income Tax

Condonation of delay - delay of 55 days involved in preferring of the captioned appeal - HELD THAT - The action which can be condoned by the court should fall within the realm of normal human conduct or normal conduct of a litigant. As observed by us hereinabove, as the assessee appellant in the present case had not come forth with any cogent explanation elaborating the acceptable reasons leading to the delay in filing the present appeal, and had adopted a lackadaisical approach, therefore, there can be no reason to condone the delay of 55 days involved in preferring of the captioned appeal. Also, as observed in the case of Ramlal, Motilal and Chotelal Vs. Rewa Coalfields Ltd. 1961 (5) TMI 54 - SUPREME COURT that seeker of justice must come with clean hands, therefore, now when in the present appeal the assessee appellant had failed to come forth with any substantial clarification to support the application for condonation elaborating in the backdrop of sufficient reason that would justify condonation of the substantial delay involved in preferring of the captioned appeal, therefore, we decline to condone the same and, thus, without adverting to the merits of the case dismiss appeal of the assessee as barred by limitation. In the result, the appeal of the assessee dismissed as not maintainable.

Summary

Issues Involved:

1. Rejection of the application for registration under Section 12AB of the Income Tax Act.
2. Allegation of non-speaking order by the Commissioner of Income Tax (Exemption).
3. Violation of the principles of natural justice due to lack of opportunity to be heard.
4. Condonation of delay in filing the appeal.

Detailed Analysis:

1. Rejection of the Application for Registration under Section 12AB:

The assessee, a charitable society, applied for registration under Section 12AB of the Income Tax Act, which was rejected by the Commissioner of Income Tax (Exemption), Bhopal. The rejection was based on the grounds that the assessee allegedly did not submit the requisite details and filed incomplete information. The assessee contended that it had submitted all necessary documents, including the registration certificate, trust deed, income tax returns, audit report, and a report of activities undertaken over the last three years. Despite this, the application was denied, prompting the appeal.

2. Allegation of Non-Speaking Order:

The assessee argued that the Commissioner of Income Tax (Exemption) passed a non-speaking order, meaning the order lacked detailed reasoning or consideration of the information submitted by the appellant. The absence of a reasoned order is claimed to be a procedural flaw, as it does not allow the assessee to understand the basis of the rejection or address any specific deficiencies.

3. Violation of Natural Justice:

The assessee asserted that the rejection of the application was executed without providing a proper or reasonable opportunity to be heard, thereby violating the principles of natural justice. The right to be heard is a fundamental aspect of fair administrative procedures, and the lack of such an opportunity was highlighted as a significant grievance.

4. Condonation of Delay in Filing the Appeal:

The appeal was filed with a delay of 67 days beyond the stipulated period. The assessee sought condonation of this delay, attributing it to improper legal advice from its previous counsel. Initially advised to re-apply for registration, the assessee later consulted another legal counsel who recommended filing an appeal against the rejection order. The delay was explained as being beyond the control of the assessee, caused by reliance on incorrect legal counsel.

The tribunal examined the request for condonation of delay, referencing a decision from the Hon'ble Jurisdictional High Court in a similar case, where the delay was condoned due to circumstances beyond the appellant's control. However, the tribunal found the facts of the present case distinguishable, noting that the delay was due to improper advice and change of counsel, which were not considered sufficient grounds for condonation. The tribunal emphasized that the assessee did not act diligently, as evidenced by the late deposit of the appeal filing fee, and did not provide any substantial evidence, such as an affidavit from the counsel, to support the claim of improper advice.

The tribunal, relying on precedents, concluded that the delay was not explained satisfactorily, and the reasons provided did not constitute "sufficient cause" as required for condonation. The tribunal highlighted that the law of limitation must be construed strictly, and condonation of delay cannot be granted in a routine manner without a plausible explanation. Consequently, the request for condonation was rejected, and the appeal was dismissed as barred by limitation, without addressing the merits of the case.

Conclusion:

The appeal was dismissed on procedural grounds due to the failure to file within the prescribed time limit and the lack of a satisfactory explanation for the delay. The tribunal did not delve into the substantive issues related to the rejection of the registration application, as the appeal was deemed not maintainable.