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Facts
The assessee filed an appeal against an order dated 22.05.2017 passed by the CIT(A) for AY 2007-08. The appeal was filed in 2022, approximately 1649 days after the order, and the registry pointed out this delay. The assessee had filed an application for condonation of delay along with an affidavit.
Held
The Tribunal noted that no affidavit was filed from the director or counsel supporting the delay condonation. Furthermore, the assessee and its counsel had not appeared before the bench for the last 15 occasions. Consequently, the Tribunal found no cogent reasons for the inordinate delay and dismissed the appeal.
Key Issues
The primary issue was the inordinate delay in filing the appeal, for which the assessee failed to provide cogent reasons or appear before the tribunal.
Sections Cited
69
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CHANDIGARH BENCH, ‘A’, CHANDIGARH
Before: SHRI LALIET KUMAR & SHRI KRINWANT SAHAY
Order Per Krinwant Sahay, AM : Appeal in this case has been filed by the assessee against the order dated 22.05.2017 passed by the Ld. Commissioner of Income Tax (Appeals)-5, for A.Y. 2007- 08.
Grounds of appeal are as under:
1. 1. That the learned CIT(A) erred in eyes of law and facts of the case by confirming addition of Rs.2,00,72,582/- made by the assessing
34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 2 officer out of total addition of Rs.4,18,87,582/- on account of unexplained investment u/s 69. 2. That without prejudice to Ground of Appeal
No. 1, Ld CIT(A) erred in ignoring the fact that assessee owned only 50% share in properties appearing at S. No. 3, 6 and 15 of the table appearing in the assessment order and that assessing officer wrongly made addition of 100% in the hands of the assessee inspite of acknowledging this fact in the assessment order itself.
3. That Id CIT(A) erred in eyes of law and facts of the case by confirming addition Rs. 83,77,516 made by the assessing officer on account profit calculated by the AO 20% on the investment amount.
4. That Id CIT(A) erred in eyes of law and facts of the case by confirming addition Rs.9,35,000/- made by the assessing officer out of total addition of Rs.74,35,000/-account of capital contribution by the Directors.
5. That the assessee craves to leave, amend, alter or take additional grounds of app before or at time of hearing.
The Registry has pointed out a delay of 1649 days in filing of the appeal. The Assessee has filed an application dt. 01.2.2022 for condonation of delay alongwith an 34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 3 Affidavit which is reproduced as under:-
34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 4
34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 5
From the application / Affidavit for condonation of delay, it is seen that the order was passed by the ld. CIT(A) in 2017 and the appeal was filed in 2022. So approximately the appeal is delayed by 1649 days. In the application for condonation of delay, the reason has been given that the director who was looking after the works of the company was not well and the other director was dependent on his counsel. But No affidavit from such director or his Counsel was filed. During proceedings before us, nobody has been appearing for the last 15 occasions. It seems that Assessee is not interested in perusing its appeal.
Accordingly, the appeal is dismissed because of inordinate delay in filing of the appeal without giving any cogent reasons for the same. It is more important to mention here that neither the Assessee nor its Counsel has appeared before the Bench in the last fifteen different dates given for hearing of the appeal by the Tribunal.
34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 6 Keeping in view the facts discussed above, the appeal of the Assessee is hereby dismissed.
In the result, the appeal of the Assessee is dismissed.
Order pronounced on 13.10.2025.