2003 (4) TMI 216 - AT - Income Tax

Summary

Issues:
1. Block assessment under section 158BC of the IT Act for the assessment year 1992-93.
2. Delay in filing the appeal before the Tribunal.

Block Assessment under Section 158BC:
The appeal pertains to the block assessment completed under section 158BC of the IT Act for the assessment year 1992-93, involving an amount of Rs. 9,510 considered as undisclosed income. The assessee argued that since the income was below the taxable limit and recorded in the regular books of accounts, it should not be treated as undisclosed income. The counsel relied on section 158BB(1)(a)(B) of the Act, which excludes income not exceeding the maximum amount not chargeable to tax but recorded in the regular books of accounts from undisclosed income. The Tribunal considered various decisions presented by the assessee.

Delay in Filing Appeal:
The Departmental Representative contended that the appeal was filed 36 days late and should be dismissed as it exceeded the 30-day limit for filing the appeal after receiving the assessment order. The counsel for the assessee initially failed to provide a valid reason for the delay. However, later, the counsel requested a hearing on the condonation of delay, attributing the delay to incorrect information provided by the Assessing Officer and the Assistant Registrar of the Tribunal. The counsel argued that the delay was beyond the appellant's control due to misleading information. The Departmental Representative argued that even if the appellant was misled, a delay of six days remained unexplained, warranting dismissal of the appeal. The Tribunal emphasized the importance of adhering to the prescribed time limits for filing appeals and the necessity of explaining each day's delay. Despite the appellant's arguments, the Tribunal found the delay unjustified and dismissed the appeal for being time-barred.

In conclusion, the Tribunal dismissed the assessee's appeal due to the unjustified delay in filing beyond the prescribed time limit, despite the explanations provided. The Tribunal emphasized the importance of adhering to statutory time limits for filing appeals and the necessity of providing valid and detailed explanations for any delay.