TMI Blog2023 (11) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... t the impugned order has to be challenged separately. Claiming that it did not receive proper legal advice that that point time, the assessee came forward with this appeal on 19/04/2023 with a delay of 324 days. The affidavit does not specify when did the assessee approach the counsel and got the advice. There is no reason as to why the assessee sought such an advice at a belated stage. There is no denial of the fact that the consequential order was also passed. It is also not in dispute that the assessee was pursuing the consequential order with the aid and advice of professionals only given the volume of the returned income. we are convinced that the assessee wanted to have the best of both the worlds and having tested its luck befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Ravindranath GE Medical Associates Pvt. Ltd., and received consideration of Rs. 20 crores, but the learned Assessing Officer failed to verify the genuineness of the business transfer agreement, details of assets sold, details of consideration received, genuineness of payments made to the creditors etc. On that score, learned PCIT, by order dated 31/03/2022 found that the assessment order was erroneous insofar as it is prejudicial to the interest of Revenue, and accordingly set aside the assessment order and directed the learned Assessing Officer to verify the same. 3. Aggrieved by such an action of the learned PCIT, assessee preferred this appeal with a delay of 324 days, stating that the learned PCIT failed to appreciate that there w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned order. If such a conduct of the assessee is permitted by condoning the delay, there will not be any end to litigation because, without any bona fide, the people will go on litigating against the State, taking one cause after the other till they eventually exhaust themselves. He placed reliance on the view taken by the Co-ordinate Bench of the Tribunal in the case of SRK Infracon (India) Pvt. Ltd., vs. ITO in ITA No. 08/Hyd/2022, by order dated 08/02/2023 and CSK Realtors Limited vs. ITO in ITA No. 233/Hyd/2023, for the assessment year 2017-18, by order dated 13/09/2023, wherein this sort of conduct of the assessee was deprecated. 5. We have gone through the record in the light of the submissions made on either side. It could be see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the legal paraphernalia at their disposal. If a party like assessee is permitted to conduct litigation in this way, we are afraid there would be no end to litigation and it would be against the public policy. 7. In the case of SRK Infracon (India) Pvt. Ltd. and CSK Realtors Limited (supra), Co-ordinate Benches of the Tribunal considered this aspect of assessee filing the appeal with considerable delay, having lost the case in consequential proceedings and held that in such an event, it would not be in the public interest to condone the delay. Following the said view, we do not find it proper to condone the delay and the reason stated by the assessee does not constitute sufficient cause for such purpose. We accordingly decline to condon ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
