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TMI Blog2024 (3) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... an appeal within the prescribed time limit. As per section 5 of the Limitation Act, 1963, any appeal or any application, may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. It implies that the delay of each day needs to be justified and there must be sufficient cause for not preferring the appeal which is lacking in the instant case. Hon ble Supreme Court in the case of Ramlal vs. Rewa Coalfields Ltd.[ 1961 (5) TMI 54 - SUPREME COURT ] has held that the cause for the delay in filing the appeal which by due care and attention could have been avoided cannot be a sufficient cause within the me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case was selected for limited scrutiny under CASS to verify the cash deposits during the demonetization period. Subsequently, notice u/s. 143(2) was issued on 09/08/2018 and served on the assessee on 17/08/2018. Since there was no response from the assessee, another notice u/s. 142(1) of the Act was issued on 9/7/2019 and called for certain information viz., details of sources for cash deposit of Rs. 15,42,000/- and the supporting documentary evidences. As there was no response, the Ld. AO issued a show cause notice on 20/10/2019 and the same was served on the assessee on 22/10/2019. The assessee did not comply to any of the above notices issued by the Ld. AO. Therefore, the Ld. AO issued a notice u/s. 133(6) of the Act to the Branch Manag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld. CIT(A)-NFAC, the assessee is in appeal before the Tribunal by raising the following grounds of appeal: 1. Your appellant submits that the Commissioner of Income Tax (Appeals), ought to have condoned the delay in filing the appeal for the reasons stated therein, ought to have admitted the appeal and disposed off on merits. 2. Your Appellant submits that the entire cash deposited in the bank during the demonetization period is out of the cash withdrawal in the earlier period. Hence, cannot be said to be unexplained under section 68 thereby attracting the provisions of section 115BBE of the Income Tax Act, 1961. 3. Your Appellant submits that an explanation was given before the Investigation Wing at Vizag and had filed an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee to represent the assessee s case and to explain the sufficient cause to condone the delay caused while filing the appeal before the Ld. CIT(A)-NFAC. It is a settled principle that the burden heavily lies on the assessee to explain the sufficient cause which prevented the assessee to file an appeal within the prescribed time limit. As per section 5 of the Limitation Act, 1963, any appeal or any application, .. [as original] may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. It implies that the delay of each day needs to be justified and there must be sufficient cause for not preferrin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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