2015 (9) TMI 264

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..... ding over note exchanged by the officers relieved and taking over the charge of Circle 4, Ahmedabad, and accordingly the aspect of filing of the appeal to ITAT might not been taken into account by the officer taking over the charge of circle 4, Ahmedabad. No other reason has been stated on behalf of the Revenue. The reason advanced for the inordinate delay for over five years could not be said to be a sufficient reason for delay in filing the appeal before the Tribunal, and in our view, it shall be a wrong precedent to encourage such casual attitude of the appellant, by admitting the appeal by condoning inordinate delay for no valid reason. Thus dismiss the appeal by the Revenue in limine and refuse to condone the delay in filing the presen .....

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..... section 143(3) of the Act on 28/12/2006. The Assessing Officer, in his assessment order had made disallowance under section 36(1)(vii), 35D and addition of the EMI residual income. The total income of the assessee was assessed at ₹ 36,12,51,530/- as against the returned income of ₹ 12,18,86,540/-. The assessee preferred appeal against the assessment order and the Id. CIT(A) vide his order dated 04/04/2007 deciding the appeal of the assessee confirmed the disallowance made u/s.36(i)(vii) but deleted the disallowance made u/s. 35D and the addition of the EMI residual income. The order of Id CIT(A) in Appeal No. CIT(A)-VIII/AC- 4/313/2006-07 dated 04/04/2007 was received in the CIT's office on 24/04/2007 and the then CIT .....

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..... the omission has occurred inadvertently, it is requested to kindly condone the same and also looking to the tax effect 9involved in this case of 7.71 crores. 4. The learned CIT-DR has submitted that he could not explain the exact reason for inordinate delay in filing the appeal before the Tribunal. However, he submitted that in view of the contents of the condonation application, the present appeal filed by the Revenue may be admitted and decided on merits. The learned counsel for the assessee has opposed the submissions of the learned CIT-DR. He has submitted that the law is well settled that the delay of each day has to be explained by the appellant and there should be some cogent and sufficient reason for delay in filing the appeal b .....

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