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2014 (9) TMI 42 - AT - Income TaxCondonation of delay – Delay of 1804 days – Sufficient cause - Rejection of application for registration u/s 12AA - Held that:- There is no straight jacket formula to measure what constitutes sufficient cause. It depends upon the facts of each individual case - Condonation of delay is not a matter of empty formality - The assessee is required to show sufficient cause that the assessee was either bona fide or was prevented by sufficient cause from pursuing the remedy - The assessee has to establish that there was no negligence or inaction or want of bona fide and the right granted under law to challenge the order was not abandoned - the assessee was earlier enjoying exemption u/s10(20A), but after omission of the provision from 1.4.2002, the assessee itself started filing returns of income voluntarily declaring income for the assessment years 2003-04, 2004-05; and 2005-06 - Only on 15.3.2007, the assessee made an application for registration under S.12AA of the Act - The justification/reasons for making such application, as discovered from the order of the DIT(E) is that its counterpart Visakhapatnam Urban Development Authority was granted registration under S.12AA of the Act, vide order dated 31.7.2006. Belated filing of appeal is not just the only aberration or stand alone instance of lapse on the part of the assessee – there were several instances which clearly demonstrate the casual and negligent approach of the assessee in dealing with issues pertaining to income-tax, which under the normal circumstances require greater attention - the assessee did not produce its books of account and information called for in spite of availing sufficient opportunity - the assessee is not only negligent in filing appeal before the Tribunal, but also in the matter of pursuing its application, before the DIT (E) for getting registration u/s12AA by producing the books of account and other information - it is quite certain that there is no reasonable cause for the delay, and the filing of the present appeal is only a knee jerk reaction of the assessee – thus, it is not a fit case for condonation of delay - the plea of the assessee for condonation of delay is rejected – Decided against Assessee.
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