JAGADESSHWAR RAO CHIDARA,HYDERABAD vs. DCIT., CIRCLE- 2(1), HYDERABAD

Facts

The assessee's assessment for A.Y. 2010-11 was reopened by the A.O under Section 147 based on information about 'Client Code Modification' (CCM) leading to shifting of profits and losses. An addition of Rs. 4,02,582/- was made to the assessee's income. The CIT(A) upheld the assessment ex-parte as the assessee failed to participate in the appellate proceedings.

Held

The Income Tax Appellate Tribunal found an inordinate delay of 510 days in filing the appeal by the assessee, and his explanation for the delay (losing sight of the order, dependency on a tax consultant) was deemed implausible and lacking justifiable cause. Citing a Supreme Court judgment on condonation of delay, the Tribunal dismissed the appeal as not maintainable, being barred by limitation.

Key Issues

Condonation of an inordinate delay of 510 days in filing the appeal before the ITAT.