TMI Blog2023 (9) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... HAT:- It is an admitted fact that the license of appellant was cancelled by the RBI on 14.02.2014 and the appellant was under liquidation and is being operated by official liquidator and is responsible for administrative and other activities concerning the appellant bank. The averments made in the affidavit that the official liquidator did not notice the letter dated 15.03.2017 addressed by AO and that due to lack of knowledge of income tax proceedings, the appeal could not be filed and thus, a delay of 1529 days occurred in preferring the appeal, does not inspire the confidence of this Bench. This Bench is concerned with the difficulty, injustice that may result to the depositors of the appellant-bank. To a query of this Bench with rega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made out by the assessee to condone the delay and the reasons stated for the delay are not at all relevant in so far as the appeal challenging the order dated 14.08.2013 is concerned and dismissed the appeal without going through the merits of the appeal. 2. We have heard the learned counsel Sri A.V. Raghuram Murthy for the appellant and the learned senior standing counsel for the respondent. 3. The brief facts leading to filing of present appeal are as under: 4. The appellant is a Co-operative Society, registered under Mutually Aided Co-operative Societies Act, 1995 and is engaged in the business of banking as licensed by Reserve Bank of India. The appellant filed its returns for the Assessment Year 2005-06 on 28.10.2015, by admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not accept the contentions of appellant with respect to the claim of NPA deduction u/s. 80P of the Act and also validity of issuance of notice u/s. 148 of the Act and dismissed the appeal. 7. Aggrieved by the same, the appellant filed appeal before the Income Tax Appellate Tribunal (ITAT) and the ITAT vide its order dated 26.11.2013 quashed the order of the Appellate Commissioner and allowed the appeal on the issue of validity of issuance of notice u/s. 148 of the Act. Aggrieved by the same, the Deputy Commissioner of Income Tax (DCIT) filed appeal before this Court vide ITTA No. 447/2014 and the same is pending. 8. In the meanwhile, the assessment of the appellant for Assessment Year 2005-06 was reopened by the Department and no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter it came to know about the order passed under Section 154 of the Act on 07.11.2017 and after seeking advice of the Commissioner of Co-operative Societies and Tax Consultant, the appellant filed Appeal before the Appellate Tribunal on 11.01.2018 against the order of Appellate Commissioner dated 14.08.2013 with a delay application. The Appellate Tribunal, vide its order dated 17.08.2022 in ITA No. 101/Hyd/2018, dismissed the appeal on the ground of delay in filing the appeal. Aggrieved by the above said order, dated 17.08.2022, appellant filed the present appeal. 11. Learned counsel for the appellant submits that despite explaining plausible reasons, the Tribunal did not condone the delay and thereby dismissed the appeal. He further su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand was NIL . 13. The learned counsel for the appellant further submits that it appears that the Assessing Officer addressed a letter dated 15.03.2017, but the same was not available in the records of appellant. When the official liquidator appeared before the Assessing Officer on 07.11.2017 in connection with notices for Assessment Years 2014-15 and 2015-16, it came to light from the records of Assessing Officer that in fact, a letter was addressed on 15.03.2017 and was served in the appellant office on 14.07.2017. Thereafter, the official liquidator had obtained legal advice and after consulting Commissioner of Co-operative Societies an appeal was filed on 11.01.2018 with delay of 1529 days. 14. Learned counsel for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted fact that the license of appellant was cancelled by the RBI on 14.02.2014 and the appellant was under liquidation and is being operated by official liquidator and is responsible for administrative and other activities concerning the appellant bank. The averments made in the affidavit that the official liquidator did not notice the letter dated 15.03.2017 addressed by Assessing Officer and that due to lack of knowledge of income tax proceedings, the appeal could not be filed and thus, a delay of 1529 days occurred in preferring the appeal, does not inspire the confidence of this Bench. 17. However, this Bench is concerned with the difficulty, injustice that may result to the depositors of the appellant-bank. To a query of this B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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