TMI Blog2021 (11) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on in the case of other co-owners and, therefore, the assessee did not file the appeal. When the appeals of the other co-owners have been decided, the assessee also thought to file the appeal. We are not impressed by all these contentions. It is the assessee who should have taken vigilant step in his own case. Assessee could file application before the AO u/s 50C(2) - He could raise plea before the learned CIT(A), but after the decision of the learned CIT(A), he has accepted the result and did not chose to file the appeal for long six years. There is hardly any plausible explanation for this delay. Therefore, we do not find any merit in the explanation for condonation of delay. The appeal of the assessee is, therefore, dismissed bein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .08.2013 because the appeal was time barred before us, but by rectifying the error, which is a proceeding well taken by the assessee within the limitation, the assessee is able to achieve the same result. - ITA Nos. 592 & 593/Ahd/2019 - - - Dated:- 10-11-2021 - SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER Appellant by : Shri Surendra Modiani, CA Respondent by : Shri Urjit Shah, Sr DR ORDER PER RAJPAL YADAV, VICE PRESIDENT : The present two appeals are directed at the instance of the assessee against the order of the learned Commissioner of Income-tax (Appeals)-V, Vadodara [ CIT(A) in short] dated 26.08.2013 arising out of order passed by the Assessing Officer under Section 143(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this reason, there was a delay in the filing of the appeal. Secondly, our earlier CA is situated at Ahmedabad, so there was a communication gap and inadvertently appeal was remained to be filed so in the intent of justice, we request your Honour to condone the delay. Thus, as the appellate order was held in favour of the assessee, therefore w e request your Honour to accept the appeal and condone the delay. Thanking You, Yours Faithfully Shri Hardik Suryakant Shah (Authorized Signatory) 3. With the assistance of learned representatives, we have gone through the record carefully. We have perused the application for condonation of delay. To our mind, this application does not disclose any reason for not challenging the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013. Thereafter, the assessee moved an application on 30.12.2016 under Section 154 of the Act pointing out apparent error in the order of the learned CIT(A). The case of the assessee was that nine persons have sold a property for a sale consideration of ₹ 54,00,000/-. Each vendor got ₹ 6 lakhs; however, for the purpose of stamp duty valuation, it was valued at ₹ 1,54,08,163/- and, therefore, the sale consideration for the purpose of computation of capital gain was taken at ₹ 11,12,018/- in each hand. Thereafter, in one of the co-owner s case, a reference was made to the Valuation Officer who determined the value of the property at ₹ 55,94,230/-. This valuation report came on 29.03.2016. On the basis of this va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to observe that the quasi-judicial authorities are being respected not on account of their powers to legalize the injustice on technical ground, but for their capabilities of removing injustice and is expected to do so. In the present case, the learned First Appellate Authority failed to remove the injustice with the assessee. We deem it that there was an apparent error available on record. The valuation report is in existence though in the case of other assessees and, in the moment it is brought to the notice of the learned CIT(A), it should have taken cognizance of that report. Considering that aspect of the matter, we allow the application of the assessee moved under Section 154 of the Act and set aside the impugned order dated 23.01. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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