9911796707
TMI Blog1983 (5) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... is a definite causes which has prompted the assessee now for preferring the present appeal. The assessee has been given the pinch of feeling for the first time of being aggrieved against the assessment on the receipt of next assessment order dated 27th March, 1982 for the assessment year 1977-78 in which the same materials which were the subject matter of addition in the assessment year 1976-77 have been revised by the department in the latter assessment. He amplified these written submissions made before the AAC for condonation of delay with the submissions that the material which was in the possession of the ITO in view of search and seizure conducted u/s 132 of the IT Act, 1961, on 18th September 1976 was the basis for the addition of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion on the grounds which are not permitted by law. I am of the confirmed opinion that the failure of the assessee to challenge the assessment for the asst. yr. 1976-77 in time without any reasons has robbed the assessee of the right to make the appeal with a claim that the delay was due to reasonable cause. Therefore the AAC was fully justified in dismissing the appeal of the assessee for the asst. yr. 1976-77 in limine on the grounds that it was belated and there was no reasonable cause for the inordinate delay. 4. Now coming to the asst. yr. 1977-78 I find that having accepted the offer made by the assessee that a sum of Rs. 6,200 be taxed as income of the assessee firm from undisclosed sources because the assessee was not in a positi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xed on a sum of Rs. 6,200 on the terms and conditions contained in the assessee's letter dt 18th November, 1977 which particularly makes mention that this was without in any way impairing their rights privileges etc. available to them under the law with regard to their innocence in the matter. Therefore having assessed the income of Rs. 6,200 for the asst. yr. 1976-77 there was no further cause for action for any other assessment year. The action of the ITO for assessing the disputed addition in the asst. yr. 1977-78 was therefore uncalled for on the entity of the facts and circumstances of the case. These additions are therefore deleted. 6. Hence the appeal for the asst. yr. 1976-77 is dismissed and for the asst yr. 1977-78 is allowed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
