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TMI Blog2015 (9) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the affidavits in support are bereft of any particulars, save and except that they have been now advised to file an Appeal to this Court to be considered along with the Appeal filed by the Company. The affidavits do not indicate the date when the advise was given, nor who advised, nor the circumstances in which the advise was given. It is settled position of law that application for condonation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for seeking condonation of delay of 2745 days in filing an appeal from the order of dated 11th October, 2004 of the Income Tax Appellate Tribunal (Tribunal) in respect of Assessment Year 1997-98. 2. The Notice of Motion No.2636 of 2011 in Income Tax Appeal (L) No.1120 of 2011 has been taken out by an individual, seeking condonation of delay of 2286 in filing an appeal from the order dated 30th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all aspects of the matter relating to the true character of the payment in the hands of the Appellant are before this Court in the context of the character of the expenditure in the hands of M/s. Saraf Chemicals Pvt. Ltd. (the Company). It is stated that in the hands of the Company, this expenditure is treated as capital, while the receipts in the hands of the Applicant is treated as revenue. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvise was given. It is settled position of law that application for condonation of delay should have sound and cogent reasons for explaining the delay with particulars which caused the delay. We find that the affidavits in support have not set out particulars which resulted in the delay. 5. We find no reason to condone the delay sought by the applicants in both the Notices of Motion. 6. Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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