9911796707
TMI Blog2012 (3) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... ble cause for filing the appeals late by 670 days and thereby did not inclined to condone the delay. 3 In the Miscellaneous Applications, the assessee has reiterated all the submissions and contentions as raised at the time of arguments of the appeals of the assessee. 4 We have heard the ld AR of the assessee as well as the ld DR and considered the relevant material on record. The ld AR of the assessee has mainly contended that at the time of hearing of the appeals, the Tribunal has heard the submissions of the parties on all the grounds including the merit of the appeals. Whereas while deciding the appeals vide impugned order, the appeals were dismissed on the ground of limitation without deciding the other issues. The ld AR has filed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee company on 16th March 2006. The assessee-company filed petition before the CIT under section 264, on 26th December 2006 (which was wrongly typed as "26.12.2007" since the date of order is 28th November 2007). Therefore, it is to be first explained by the assesseecompany as to what was the reason for filing the application before the CIT so late (after about nine months) from the date of receipt of order by the assessee-company. The assessee-company has not given any explanation in this regard explaining the delay In filing the application u/s 264 in the Affidavit. The assessee-company's claim is that it had tiled petition under section 264, before the CIT, as it was under bona tide belief that in view of the amendment made to the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issions and material, then, the Tribunal cannot review its own order by reappreciating the same facts, circumstances as well as contention. 6.1 This is a case of inordinate delay; therefore, even a liberal approach has to be taken while condoning the delay but the requirement of sufficient cause for delay cannot be ignored. Once the Tribunal has given a finding that the cause explained by the assessee is not reasonable, much less then the sufficient cause, then the said finding cannot be reversed in the proceedings u/s 254(2). 6.2 Further, in the proceedings u/s 254(2) no additional evidence can be considered. Therefore, the filing of affidavit at this stage would not help the assessee. In the case of condonation of delay, the issue has t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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