RATNAGIRI DISTRICT CENTRAL CO-OP BANK LTD.,RATNAGIRI vs. ASSISTANT COMMISSIONER OF INCOME-TAX OFFICE, RATNAGIRI

This appeal by the assessee against the order dated 11-03-2019 passed by the Commissioner of Income Tax (Appeals)-2, Kolhapur [‘CIT(A)’] for assessment year 2015-16.

We note that this appeal was filed with a delay of 402 days. Shri Vasant Gajanan Sawant, General Manager representing the assessee filed notarized affidavit dated 18-03-2020 explaining the said delay. The ld. AR, Shri Pranjal Phadnis drew our attention to the reasons explained and argued that the CIT(A) passed impugned order on 11-03-2019 and the copy of which received by the assessee on 18-03-2019. He submits that the said order was misplaced due to shifting of assessee’s office to new head office building. The assessee filed immediately after the original order found subsequently and due to which there was a delay in filing the present appeal in time. He argued though it is inordinate delay but the delay was caused inadvertently by misplacing of impugned order. The ld. AR argued that there was no intention on behalf of the assessee to file the appeal with delay but it was caused due to shifting of assessee’s office to head office.

The ld. DR, Shri M.G. Jasnani vehemently opposed the arguments of ld. AR and the contents of affidavit filed by the General Manager representing the assessee. The ld. DR argued that there was no evidence to show the shifting of assessee’s office to head office building and the assessee did not place on record any evidence explaining the delay on day to day basis. The submissions of ld. AR cannot be taken into consideration in the absence of any evidence showing shifting their office to head office. Further, he submits that the assessee itself admitted the delay of 402 days inordinate delay and drew our attention to page 2 of the affidavit. He vehemently opposed in condoning the delay and prayed to reject the submissions of ld. AR.

Having heard both the parties, on an examination of notarized affidavit dated 18-03-2020 filed by the General Manager representing the assessee, we note that the impugned order was passed on 11-03-2019 which was received by the assessee on 18-03-2019 which has been admitted by the assessee in the notarized affidavit. It is also correct to state that the assessee must have filed the appeal on or before 18-03-2019 but which was filed on 22-06-2020. Admittedly, the delay of 402 days as rightly admitted by the ld. AR is inordinate delay and also correct that no reasons were explained on day to day basis in the said notarized affidavit. Merely, stating that assessee’s office shifted to head office building does not constitute the valid reason which really prevented to assessee to file the appeal in time. The statement of misplacing of order, in our opinion, the assessee made the same very casually which was made for the purpose of making a statement without any basis. Further, we note that the assessee is a District Central Co-op. Bank, managed by highly qualified officers and well trained professionals in respect of accounts and litigation. Therefore, in our opinion, the statement of, that the impugned order was misplaced due to shifting of assessee’s office to head office building is a mere statement without any evidence made for the purpose of filing the said affidavit. Therefore, the assessee failed to show valid reasons explaining day to day basis with evidences for the delay of 402 days which really prevented the assessee in filing the appeal in time. Therefore, in the absence of such valid reasons the arguments advanced along with the averments in the notarized affidavit deposed by the General Manager representing the assessee are rejected. Thus, the delay of 402 days is not condoned and the appeal is dismissed.

In the result, the appeal of the assessee is dismissed.