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2019 (5) TMI 683 - ITAT AHMEDABADCondonation of delay - delay of 1578 days - HELD THAT:- As we examine the explanation given by the assessee for condonation of delay, then it would reveal that hardly there is any explanation. They have accepted the computation of capital gain before the AO. They have not raised any objection at the level of AO, and then decided not to file appeal against the order of the ld.CIT(A). There is no plausible reason for condoning the delay of almost more than four years. The assessee ought to have vigilant for their rights. No merit in their applications and therefore, all the applications for condonation of delay are rejected. Consequently, the appeals of the assessees are also dismissed. Rectification application u/s 154 - plea of the assessee is that capital gain be assessed in the hands of the assessee on the basis of DVO’s report called for in the cases of other co-owners - FAA dismissed application of the assessee on the ground that no such material is available on the record of the assessee and there is no apparent error in the order of the CIT(A) - HELD THAT:- The power of rectification u/s 154 can be exercised only when the mistake which is sought to be rectified, is an obvious patent mistake, which is apparent from the record and not a mistake, which is required to be established by arguments and long drawn process of reasoning on points, on which there may conceivably be two opinions. Since no evidence is available before the CIT(A) when the appeal of the assessee was decided on 7.2.2013. Orders in the case of other co-owners have come up subsequently on 14.4.2016. Therefore, on that date no apparent error was committed by the ld.CIT(A). To our mind, there was no material which can demonstrate that order of the ld.CIT(A) was suffering from an apparent error. Therefore, the ld.CIT(A) has rightly rejected the application of the assessee - Appeals of the assessee are dismissed.
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