RAJAVIGNESH EDUCATIONAL TRUST,PERAMBALUR vs. CIT EXEMPTIONS, CHENNAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found the reasons provided for the abnormal delay of 443 days to be insufficient. Consequently, the delay condonation petition was rejected.
What were the facts?
The assessee filed an appeal with a delay of 443 days. The assessee's explanation for the delay cited health issues of the trust president and lack of notice of the rejection order by anyone in the trust.
What were the issues?
The primary issue was whether the assessee had shown sufficient cause for the inordinate delay in filing the appeal.
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi & Shri Jagadish
आयकर अपीलीय अिधकरण, ’डी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI �ी एसएस िव�ने� रिव, �ाियक सद� एवं �ी जगदीश, लेखा सद� के सम� । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Jagadish, Accountant Member आयकर अपील सं./I.T.A. No.1234/Chny/2024 Rajavignesh Educational Trust, Vs. The Commissioner of XX, Perambalur Main Road, Income Tax (Exemptions), Melamuthur Post, Kunnam Taluk, Chennai. Perambalur 621 714. [PAN: AAATR9809C] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : None ��थ� की ओर से/Respondent by : Shri A. Sasikumar, CIT सुनवाई की तारीख/ Date of hearing : 01.07.2024 घोषणा की तारीख /Date of Pronouncement : 03.07.2024 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 20.12.2022 passed by the ld. CIT(E) Chennai.
We find no representation on behalf of the assessee nor any application filed seeking adjournment. Thus, the assessee called absent and treated exparte.
We find that this appeal was filed with a delay of 443 days. The assessee filed petition explaining the reasons for the said delay. On perusal of the said petition, we note that the President of the assessee trust has not noticed the order of rejection uploaded in the e-filing portal due to health issues for past 14 months, further it was also stated that no one in the assessee trust noticed the order of rejection by the ld. CIT(E), Chennai. We find, according to delay condonation petition, that the President of assessee trust was not well and further no one in the assessee trust noticed the order passed by the ld. CIT(E), in our opinion, are not valid reasons to explain abnormal delay of 443 days, therefore, we hold, no sufficient cause shown by the assessee in explaining the delay of 443 days, which really prevented the assessee to file the appeal in time. On perusal of the impugned order, we note that no representation whatsoever made by the assessee before the ld. CIT(E) which is clear from para 6 of the impugned order. Taking into account the facts and circumstances of the case, we find no valid reason explained for the delay of 443 days. Thus, the delay condonation petition is rejected and in view of the same, the issues raised in the grounds of appeal, on merits, become infructuous and accordingly dismissed.
In the result, the appeal of the assessee is dismissed. Order pronounced on 03rd July, 2024 at Chennai.
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