2012 (10) TMI 605 - HC - Income Tax

Condonation of delay in filing appeal - Held that - No sufficient cause has been shown for condoning the delay of 695 days - explanation so furnished that interpretation of provision of Section 68 is invloved would not fall within the expression sufficient cause so as to entitle the assessee for condonation of inordinate delay. Even the appeal filed before the CIT(A) against the assessment order passed by the Assessing Officer was also belated by five months and nineteen days. The assessee has been negligent throughout in pursuing the proceedings - against assessee.

Summary

Issues:
Delay in filing the appeal challenging the order of the Income Tax Appellate Tribunal for the assessment year 2005-06, application under Section 5 of the Limitation Act, 1963 for condonation of delay of 695 days, interpretation of Section 68 of the Income Tax Act, 1961, negligence in pursuing proceedings.

Analysis:
The appellant, a partnership firm engaged in manufacturing and trading, filed an appeal challenging the Tribunal's order for the assessment year 2005-06 after a delay of 695 days, seeking condonation of the delay under Section 5 of the Limitation Act, 1963. The appellant surrendered an amount of Rs. 11,69,000 during assessment proceedings, leading to the computation of income for the year. Appeals were filed against the penalty and assessment orders, with delays of five months and nineteen days respectively. The Commissioner of Income Tax (Appeals) dismissed the appeals, and the Tribunal also dismissed the appeal. The appellant then filed the present appeal against the Tribunal's order, along with an application for condonation of delay.

The partner of the appellant firm claimed that the delay was due to seeking advice from a Chartered Accountant on the interpretation of Section 68 of the Income Tax Act, 1961, which was deemed crucial for filing the appeal. However, the High Court found that the reasons provided by the appellant were insufficient to justify the significant delay of 695 days. The Court noted the appellant's negligence in pursuing proceedings, as evidenced by the delays in filing previous appeals. The Court held that the reasons presented did not constitute "sufficient cause" to warrant condonation of such an extensive delay, ultimately dismissing both the application for condonation of delay and the appeal itself.

In conclusion, the High Court dismissed the appeal challenging the Tribunal's order for the assessment year 2005-06 as it was barred by time. The Court found that the appellant's explanations for the delay in filing the appeal and seeking condonation were not satisfactory, given the significant delay and the appellant's history of negligence in pursuing legal proceedings. Consequently, the application for condonation of delay was rejected, leading to the dismissal of the appeal.