TMI Blog2023 (7) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the AO as well as with the ld. CIT(Appeals). The assessee has not prosecuted its litigation either before the AO or before the ld. 1st Appellate Authority. Thus it is not very serious in contesting the issues. A vague application (extracted supra) suggest its conduct. It does not contain any reason to show, why this appeal has been delayed by the assessee. It is also pertinent to observe that this conduct of the assessee gives up a feeling that it is just filing the appeal for the sake of filing without submitting any details discharging its onus cast upon by section 68 of the Income Tax Act. In such situation, we do not consider the reasons assigned by the assessee as sufficient reason for filing the appeal beyond the prescribed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer has made an addition of Rs. 39,01,00,000/-. 5. Dissatisfied with the addition, assessee went in appeal before the ld. CIT(Appeals). The assessee did not submit anything before the ld. CIT(Appeals). The ld. 1st Appellate Authority has noticed that ten applicants have subscribed the shares of the assessee and all these applicants are entities of no means. Their returned income is within the range of Rs. 13,000/- to Rs. 25,000/. According to the ld. CIT(Appeals), none of the share applicants has resources to pay such a huge premium to the assessee. The assessee was also not doing any substantial business on which can it commands a huge share premium? Accordingly, ld. CIT(Appeals) has confirmed the assessment order and uphel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he decision in the case of Collector Land Acquisition Vs. Mst. Katiji Others, 1987 AIR 1353: 1. Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties. 3. Every day s delay must be explained does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational common sense pragmatic manner. 4. When substantial justice and technical conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tainty and consequential anarchy. Law of limitation is thus founded on public policy. It is enshrined in the maxim Interest reipublicae up sit finis litium (it is for the general welfare that a period be putt to litigation). Rules of limitation are not meant to destroy the right of the parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. The idea is that every legal remedy must be kept alive for a legislatively fixed period of time. A court knows that refusal to condone delay would result foreclosing a suitor from putting forth his cause. There is no presumption that delay in approaching the court is always deliberate. This Court has held that the words sufficient cause under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approach. 11. In the light of above, let us examine the application for condonation of delay. The Hon ble Supreme Court has observed that length of delay does not matter. It is the explanation given by an applicant demonstrating the reasons for such a delay matter for consideration. We have discussed the past history of the assessee before the ld. Assessing Officer as well as with the ld. CIT(Appeals). The assessee has not prosecuted its litigation either before the ld. Assessing Officer or before the ld. 1st Appellate Authority. Thus it is not very serious in contesting the issues. A vague application (extracted supra) suggest its conduct. It does not contain any reason to show, why this appeal has been delayed by the assessee. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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