DIVYASRI REALTERS,HYDERABAD vs. PRINCIPAL COMMISSIONER OF INCOME TAX, VIJAYAWADA

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ITA 171/VIZ/2023Status: DisposedITAT Visakhapatnam24 September 2025AY 2017-18Bench: the Tribunal. In respect of belated filing of the appeal, the Learned Authorized Representative drew our attention to the paper book Pages No. 42 and 43 wherein the assessee has filed a Notarized Affidavit explaining the reasons that were prevented the assessee in filing the appeal within the stipulated time. He therefore pleaded that since there is a reasonable and sufficient cause in filing the appeal before the Tribunal beyond the prescribed time limit, the delay of 366 days may be condo6 pages

AI SummaryDismissed

Facts

The assessee, Divyasri Realters, filed an appeal against an order passed by the Pr. CIT under Section 143(3) for AY 2017-18, but with a significant delay of 366 days. A notarized affidavit was submitted explaining the delay, citing a bona fide impression regarding the nature of a Pr.CIT direction under Section 263 and the time taken for legal advice.

Held

The Tribunal determined that the reasons provided by the assessee for the delay of 366 days did not constitute 'reasonable and sufficient cause' as required by Section 5 of the Limitation Act, 1963. Consequently, the plea for condonation of delay was rejected, and the appeal was dismissed as not maintainable.

Key Issues

Whether the assessee had a 'reasonable and sufficient cause' to condone the 366-day delay in filing the appeal before the Income Tax Appellate Tribunal.

Sections Cited

143(3), 263, 5 (Limitation Act, 1963)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

For Appellant: Shri MN Murthy Naik, CIT-DR

आदेशकीप्रनतनलनपअग्रेनर्त/ Copy of the order forwarded to:- 1. निर्धाररती/The Assessee : Divyasri Realters, 2-1-265/1/35, Road No.3A, Mamata Nagar, Nagole, Hyderabad, Telangana-500035. 2. रधजस्व/ The Revenue : Principal Commissioner of Income Tax, Revenue Colony, Siddhartha Public School Road, Mogalrajapuram, Vijayawada, Andhra Pradesh-520010. 3. The Principal Commissioner of Income Tax, नवभधगीयप्रनतनिनर्, आयकरअपीलीयअनर्करण /DR,ITAT, Visakhapatnam. 4. 5. The Commissioner of Income Tax 6. गधर्ाफ़धईल / Guard file

आदेशधिुसधर / BY ORDER

Sr. Private Secretary ITAT, Visakhapatnam