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of <h1>Appeal Dismissed for 3270-Day Delay; Penalty for Concealed Income u/s 271(1)(c) of the Act Upheld.</h1> <h3>Rajan Setia Versus Commissioner of Income Tax, Ludhiana</h3> Rajan Setia Versus Commissioner of Income Tax, Ludhiana - [2024] 461 ITR 287 (P&H) Issues Involved:The issues involved in the judgment are condonation of delay in filing the appeal and the merits of the case related to penalty under Section 271(1)(c) of the Act for concealed income.Condonation of Delay:The judgment addresses two applications - one for condonation of a 60-day delay in filing the appeal and another for condonation of a significant delay of 3270 days in re-filing the appeal. The court notes that no valid explanation is provided for the extensive delay of 3270 days. The reasons cited include objections that needed to be addressed, difficulties in arranging relevant documents, consultations with lawyers, and the impact of the lockdown post-March 2020. However, the court finds these reasons insufficient to justify such a prolonged delay.Merits of the Case - Concealment of Income:The court examines the impugned order dated 14.09.2012, which upheld the penalty imposed under Section 271(1)(c) of the Act. It is revealed that the assessee had concealed income for the relevant assessment years and failed to disclose the surrender made in the original income returns. The surrender was made in response to a notice under Section 153A of the Act, following the detection of concealment during a search operation. The court observes that the surrender was not made in accordance with the relevant provisions of the Act. The Tribunal, in its decision, considered previous judgments and upheld the penalty, stating that the revised returns disclosed larger incomes without justification, filed to avoid litigation.Conclusion:The court concludes that the order passed by the Tribunal does not warrant interference, as no substantial question of law arises in the appeal. The appeal is dismissed due to the significant delay of 3270 days in re-filing the appeal and on the merits of the case related to concealed income. The pending application is also dismissed.
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