M/S. KONARK AUTOMOBILES,ROURKELA vs. PRINCIPAL CIT, SAMBALPUR
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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: RAJESH KUMAR
Per Bench
This is an appeal filed by the assessee ag This is an appeal filed by the assessee against the order of the ld Pr. ainst the order of the ld Pr. CIT, Sambalpur, CIT, Sambalpur, dated 21.4.2020 in Appeal No.ITBA ITBA/COM/F/17/2020- 21/1026961919(1) 21/1026961919(1) for the assessment year 2015-16.
None appeared on behalf of the assessee. Shri Abani Kanta Nayak, None appeared on behalf of the assessee. Shri Abani Kanta Nayak, None appeared on behalf of the assessee. Shri Abani Kanta Nayak, ld CIT DR appeared for the revenue. ld CIT DR appeared for the revenue.
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ITA No.123/CTK/2021 Assessment Year : 2015-16
The appeal is time barred by 515 days. The assessee has filed condonation petition stating the reasons that due to covid 19, the appeal could not be filed within the due date without supporting affidavit.
We have heard ld CIT DR and perused the case. We observe that an appeal has to be filed within the stipulated period, prescribed under the law. Belated appeal can only be condoned, when sufficient reason is shown before the court for the delay with an affidvait. The assessee who seeks condonation of delay therefore must explain the delay. In this appeal, the assessee has only filed condonation petition without supporting affidavit and there is no proper explanation for delay in filing the appeal. Therefore, we reject the application of condonation for delay and dismiss the appeal treating the same as infructous.
In the result, appeal filed by the assessee stands dismissed.
Order dictated and pronounced in the open court on 13/10/2023.
Sd/- sd/- (Rajesh Kumar) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 13/10/2023 B.K.Parida, SPS (OS)
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ITA No.123/CTK/2021 Assessment Year : 2015-16
Copy of the Order forwarded to : 1. The Appellant : M/s. Konark Automobiles, C- 4/15, Ground Floor, Civil Township, Rourkela 2. The Respondent: Pr. CIT, Sambalpur 3. The CIT(A)-, Sambalpur 4. Pr.CIT-, 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//
By order
Sr.Pvt.secretary ITAT, Cuttack
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