9911796707
TMI Blog1987 (8) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... each case, the AAC made an order on15-10-1985. This order was served upon each assessee on11-11-1985. According to the assessees, the main issue in appeal before the AAC was with regard to the valuation of interest of each assessee in the firm known as M/s. Narsingh Dass Sons. The WTO had held that the genuineness of the above firm had not been proved and as such, the assets belonging to the firm were liable to be included in the hands of the respective partners as their individual assets. The ld. AAC found from record that the instrument of partnership and deed of dissolution had not been filed before the WTO. These were, however, filed before him. He observed that the genuineness of the firm has not been conclusively proved and at best ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for condonation of delay, it is averred that since the ld. AAC had accepted the claim of the assessees that deduction for liability should be considered after scrutiny of the balance sheets of the above firm/ AOP in the order u/s. 35, the assessees were advised by Shri Brijesh Mathur, C. A., that there remained no necessity for filing the appeals against the order of the AAC dated 15-10-1985. The revenue, however, filed an appeal against the order made u/s. 35 on31-12-1985and when the assessees received a copy of the memo of the appeal filed by the revenue, the assessees did not file any cross-objections. The appeals filed by the revenue, in these cases, were disposed of by the Tribunal by its consolidated order dated24th Dec., 1986. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before us. In this affidavit, Shri B. C. Mathur has averred that he advised, as claimed by these assessees, and, therefore, the delay in filing these appeals occurred. 4. The ld. counsel for the assessees relying upon the judgment of the Supreme Court in the case [1955] 1 SCR 114 (sic) and another judgment of the Supreme Court in the case of Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi [1979] 118 ITR 507 contended that the mistake of the counsel in advising these assessees wrongly resulting in an inordinate delay in filing these appeals may be taken as sufficient ground as the assessees bona fide believed on this advice that after the order of the ld. AAC made u/s 35 on 31-12-1985 nothing more was required to be done. It was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal against the order of the AAC dated15-10-1985with in the statutory period provided and is now making an effort to make an entry by the back door. The explanation is not factually correct and is only a device to save the assessees from the delay which occurred due to laches. There was, according to him, no justification for condonation of the delay and the appeals deserve dismissal in limine. For these submissions, reliance was placed by him on the case of Raju v. CIT [1983] 14 Taxman 198(Bom.). 7. After hearing both sides, we find that there is no sufficient cause shown by these assessees to us to arrive at such a satisfaction so as to condone the inordinate delay of 402 days. We find from the explanation filed by the assessees for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessees had come to be trapped on account of gross negligence leading to laches. 9. We find that the Hon'ble Supreme Court in the judgment of Concord of India Insurance Co. Ltd. has laid down guidelines in such matters for condonation of delay. When we apply these guidelines, we find firstly, the delay is inordinate. It extends over a period of more than one year. Secondly, the explanation given by the assessees and the averments made by the C. A. in his affidavit dated 11-8-1987 do not reflect the factual position and in fact, important dates like the receipt of the order of the AAC made u/s. 35 on 31-12-1985 and the receipt of the copy of the appeal memo filed by the revenue before the Tribunal though known to the assessees apparent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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