9911796707
TMI Blog2020 (8) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... on period. In the absence of any detail as to what steps the assessee took to reach to the decision of challenging the impugned order and filing the present appeal and why the assessee has not filed the present appeal as soon as possible even after expiry of the limitation period. The explanation for delay of 442 days in our view is insufficient, unsatisfactory and unreasonable. Therefore, the vague explanation without any particulars or details cannot be accepted as a reasonable cause. Accordingly, the application for condonation of delay is dismissed and consequently the appeal of the assessee is not maintainable being barred by limitation. Since the appeal of the assessee is found to be barred by limitation, therefore, we do not pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... University should apply for registration U/s 12AA of the IT Act with effect from its date of incorporation i.e. 31.12.2005. Accordingly, the assessee submitted an application in form 10A for registration U/s 12A on 26.05.2017 and sought registration with retrospective from 31.12.2005. The ld. CIT(E) has granted registration w.e.f. 01.04.2017 i.e. 1st day of the financial year in which the application was submitted. The ld. AR has submitted that the assessee is having a good case on merits as the assessee was earlier eligible for exemption U/s 10(23C)(iiiab) of the Income Tax Act and only because of amendment in law and the judgment of the Hon ble Supreme Court, the assessee has applied for registration U/s 12AA of the Act. The delay in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be granted as the University is an educational institution founded the State Legislature and existing solely for education and not for purposes of profit. The application of delay in filing appeal deserves to be condoned and it is humbly prayed the same may please be condoned. Except the vague explanation of non realization the assessee has not explained any cause of delay which has prevented the assessee for filing the present appeal within the period of limitation. The assessee is not an illiterate ordinary person but the assessee is a university which is managed by well educated high ranking official. The assessee is also taking the services of the tax experts. Even in support of the application for condonation of delay no affidavit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee-university claimed to be eligible for exemption U/s 10(23C)(iiiab) of the Act. Therefore, the assessee has not explained any reason or cause which has prevented the assessee for not filing the application for registration within the prescribed period being one year from the date of creation. Hence, prima facie the order passed by the Commissioner(exemption) is in accordance with the provisions of Section 12A/12AA of the Act and the assessee was having no grievance. Thereafter the assessee has all of sudden decided to file present appeal belatedly. The assessee has not explained as to what circumstance has led to the assessee to took such a long time of more than one and half year to file the appeal. Even the reasons explained by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to why the appeal was not filed within the limitation or immediately after expiry of limitation period. In the absence of any detail as to what steps the assessee took to reach to the decision of challenging the impugned order and filing the present appeal and why the assessee has not filed the present appeal as soon as possible even after expiry of the limitation period. Therefore, the explanation for delay of 442 days in our view is insufficient, unsatisfactory and unreasonable. Therefore, the vague explanation without any particulars or details cannot be accepted as a reasonable cause. Accordingly, the application for condonation of delay is dismissed and consequently the appeal of the assessee is not maintainable being barred by limitat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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