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2022 (3) TMI 70 - AT - Income TaxCondonation of delay - delay of 712 days in filing appeal before the Tribunal - as stated impugned appellate order dated 6.3.2014 was stated to have been received by the assessee-company by its the then Accounts Manager, Shri Prakash Mannari who was in-charge of the accounts and finance of the company. It is also stated that he left the assessee-company in the month of May, 2016 and left country for better job opportunity. The assessee came to know about the disposal of the appeal when it received recovery notices from the Department - HELD THAT:- The assessee is a private limited. No doubt it has its own Accounts Manager to look after accounts and financial management. Even before the Ld. CIT(A) they had engaged a Chartered Accountant to represent the case on their behalf. The reason stated in their affidavit are not convincing for the fact that the impugned order received by the then Accounts Manager in 2014 itself, but he was stated to have left company and the country in the month of May, 2016 i.e. almost about 25 months after passing of the impugned order. Further reason assigned by the assessee is that the assessee came to know disposal of the appeal by the CIT(A) only after the department initiated recovery proceedings against the assessee in March, 2016, which is also not convincing and not a reasonable cause, because the assessee being a private limited company, would have reasonable manpower back-up, and would not have left the income-tax matter unattended for such a long period. Further, it is also not explained, when the then Accounts Manager had received the impugned order. Reasonable diligence is expected, where time is essence in taxation matters. In the absence of the same, the reasons attributable by the assessee are not convincing wherein a substantial delay of 712 days in filing appeal before the Tribunal has occurred. Therefore, we cannot accept the proposition put forth by the assessee-company as good and sufficient reason to condone such delay. As enough opportunities were given to the assessee to prove its case both by the AO as well as by the Ld. Commissioner of Income-tax (Appeals). Further no new material or evidence is produced by the assessee before this Tribunal. The assessment year being 2010-11 no useful purpose will be served by entertaining this appeal at this point of time, wherein there is a delay of 712 days in filing of appeal. The reasons narrated by the assessee-company in its affidavit do not demonstrate sufficient cause or reasons so as to condone a huge delay of 712 days. - Decided against assessee.
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