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2015 (3) TMI 1273 - AT - Income TaxCondonation of delay - Grant of registration under section 12AA denied - Held that:- When the assessee has been advised that the impugned order could challenged when regular appeals for subsequent assessment years are decided, would clearly indicate that the assessee was well aware of the consequences of the impugned order. As per settled law when no registration is granted under section 12AA to the assessee for assessment year 2009-10 and subsequent assessment years, there was no question of making claim of exemption from income under section 11 for any subsequent assessment years either in the regular assessments or in the consequential appeals filed before the learned CIT (Appeals). Thus the assessee failed to explain any sufficient cause for not presenting the appeal within the period of limitation before the Tribunal. Sufficient cause would mean a cause which is beyond the control of the assessee. Sufficient cause means which prevents the assessee acting under normal circumstances without negligence or inaction or want of bonafide. When the assessee was aware of the consequences of the impugned order that its income would not be exempt under section 11 of the Act from assessment year 2009-2010 onwards, the assessee should not have waited for filing of the appeal in the matter. It is a clear case of negligence or inaction or want of bona fide. The conduct of the assessee clearly speak against the assessee itself that the assessee deliberately did not file the appeal within the period of limitation. - Decided against assessee.
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