9911796707
TMI Blog2012 (4) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... order for the sake of convenience. 2. Common grounds raised by the assessee for the assessment years under consideration read as under:- "1. The order of the ld. CIT(A) is erroneous both on facts and in law. 2. The ld. CIT(A) ought to have considered the fact that the inco0me of the appellant is exempt by virtue of the provisions of section 11 of the IT Act. 3. The ld. CIT(A) ought to have taken note of the fact that the appellant is a Govt. Institution established for public charitable purposes and, therefore, ought to have considered exemption u/s 11 of the IT Act. 4. The ld. CIT(A) ought to have considered the fact that the receipt of market fee by the appellant does not represent the income of the appellant as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 1-3-2007. During the relevant period, the Secretary was not working at Alampur. Further, all the Income-tax matters were entrusted to an Advocate at Hyderabad as the Secretary of the Market Committee was not in the knowledge of the Income-tax matters which is due to the fact that the Agricultural Market Committees were exempt from Income-tax under section 10(20) of the IT Act as a charitable institution. Consequent to the amendment to the said provision by insertion of Explanation below section 10(20) by the Finance Act, 2002, the Agricultural Market Committees are required to file the returns of income. All the AMCs in the state of Andhra Pradesh approached the Commissioner and Director of Agriculture, Hyderabad for necessary instruction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deration." 3. On the other hand, the learned departmental representative strongly opposed the contentions put forward by the learned counsel for the assessee. 4. In these cases, there are delays of 1559 days in filing the appeal for the assessment year 2003-04 and 1529 days for assessment year 2004-05. The assessee filed petitions for condoning the said delays and prayed for admitting these appeals. We have gone through the reasons advanced by the assessee in its petitions. It is admitted fact that there is no hard and fast rule which can be laid down in the matter of condonation of delay and courts should adopt a pragmatic approach and discretion on the facts of each case keeping in mind that in considering the expression 'sufficient cau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to benefit by resorting to delay. In fact, he runs a serious risk. (vi) It must be grasped that the judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so." 5. In the case of Vedabai alias Vaijayanatabai Baburao Patil v. Shantarm Baburao Patil [2002] 253 ITR 798/122 Taxman 114 the Apex Court clearly laid down that the distinction must be made between a case where delay is inordinate and a case where the delay is of a few days. The law assists those who are vigilant, not those who sleep over their rights. 6. The delay cannot be condoned simply because the assessee's case is hard and calls for sympathy or merely out of benevolenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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