SHRI KALPESH V. GAJJAR,AHMEDABAD vs. THE DY.CIT, CIRCLE-7, AHMEDABAD
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 condonation petition to be vague and lacking in specific details or evidence to explain the inordinate delay. Therefore, the Tribunal rejected the petition.
What were the facts?
The assessee filed an appeal before the ITAT which was time-barred by 1122 days. The assessee sought condonation of the delay through a petition.
What were the issues?
Whether the delay in filing the appeal can be condoned based on the provided petition. The adequacy of the explanation for the significant delay in filing the appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AHMEDABAD ‘D’ BENCH, AHMEDABAD
Per Pramod Kumar, AM:
This appeal is time bared by 1122 days. 2. The authorised representative of the assessee has filed a petition seeking condonation of delay. This petition, which is not supported by any evidence, affidavit or even confirmation by the appellant, states as follows :- “To The Chairman, Income Tax Appellate Tribunal, 3rd Floor, Abhinav Arcade, Ahmedabad. Respected Sir,
ITA No.2345/Ahd/2014 A.Y.: 2007-08 Page 2 of 3 Sub: Request to condone delay in filling appeal against order passed u/s.250 of the Income Tax Act, 1961 for the A.Y. 2007-08 I had filed an appeal to CIT(A)-VI 08.04.2013 against order passed by A.O. In response to such appeal Ld. CIT passed an order and dispatched the same due to change the residence address, the order was misplaced my staff. However, there was huge payment of STT as tax, there was no demand after getting notice of u/s 271(1)(c), we inquired and found the order. Therefore, there is inordinate delay. Due to this mistake, we could not file an appeal within the stipulated period but as soon as we have received the copy of such order we have preferred an appeal against this order. Therefore, we request you to condone the delay in filling such appeal and accept this appeal. Thanking you, Yours faithfully, For, Kalpesh V. Gajjar (A.R.)”
We have perused the petition. We find that it is a vague petition, it does not give any specific details and it does not adequately explain even the delay. The matter has been dealt with in a casual and superficial manner. 4. In view of the above and as we are not inclined to condone this delay – which is not at all explained properly, we reject the appeal as time barred. As the condonation petition and the appeal are dismissed, we see no need to deal with the adjournment petition on the ground that the case details are under compilation. That aspect of the matter is wholly academic for us. 7. In the result, the appeal is dismissed. Pronounced in the open court today on the 17th day of August, 2017. Sd/- Sd/- Mahavir Prasad Pramod Kumar (Judicial Member) (Accountant Member) Ahmedabad, the 17th day of August, 2017
ITA No.2345/Ahd/2014 A.Y.: 2007-08 Page 3 of 3
PBN/* Copies to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order TRUE COPY Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- M/S New Sana Brick Field vs. Union Of INDIA And 4 OthersAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Vinay Singh vs. Union Of INDIAAllahabad · 21 Oct 2026
- M/S Aaradhyam Infrabuilders PVT LTD vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026