9911796707
TMI Blog2023 (11) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of all these facts, we are convinced that the assessee wanted to have the best of both the worlds and having tested its luck before the AO in the consequential proceedings and having lost the same, it came back to agitate the legality of the impugned order. Assessee is not an individual, but it is a commercial entity with a battery of legally trained people available for assistance. The pleas available to the individual cannot be taken by the commercial entities with all the legal paraphernalia at their disposal. If a party like assessee is permitted to conduct litigation in this way, we are afraid there would be no end to litigation and it would be against the public policy. In the case of SRK Infracon (India) Pvt. Ltd [ 2023 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, thereby the disallowance falling short of Rs. 34,81,044/-. 3. Aggrieved by such an action of the learned PCIT, assessee preferred this appeal with a delay of 328 days stating that the learned PCIT failed to appreciate that there was no error, and the learned Assessing Officer took a conscious view after considering all the material required for verification of the levelling expenditure and satisfied with the disallowance of 10% thereof. 4. Learned DR, at the outset, submitted that there are no grounds to condone the delay because, the cause attributed by the assessee to the delay is not genuine and against the public policy. He submits that the impugned order was passed on 29/03/2022 and for more than one year, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rward with this appeal on 21/04/2023 with a delay of 328 days. 6. The affidavit does not specify when did the assessee approach the counsel and got the advice. There is no reason as to why the assessee sought such an advice at a belated stage. There is no denial of the fact that the consequential order was also passed. On a consideration of all these facts, we are convinced that the assessee wanted to have the best of both the worlds and having tested its luck before the learned Assessing Officer in the consequential proceedings and having lost the same, it came back to agitate the legality of the impugned order. Assessee is not an individual, but it is a commercial entity with a battery of legally trained people available for assistance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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