2014 (2) TMI 226

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....e Act) vide his orders dated 31-03- 2005/2006 for the assessment years 2002-03 and 2003-04. 2. At the outset, it is seen that these two appeals for AYs 2002-03 and 2003-04 are barred by limitation by 1024 and 1012 days respectively. We find that assessee has filed identical petitions for condonation of delay with affidavit. The relevant condonation petition in ITA No.2099/Kol/2009 for AY 2002-03 reads as under:- "In this case, return of income was field showing NIL total income and tax was paid u/s. 115JB of the Income Tax Act on book profit. Assessment was completed u/s. 143(3) on 31.03.05 for a total income at NIL. But for the purpose of computation of tax u/s.115JB, net profit was reduced by deduction u/s. 80HHC and dividend u/s. 10(33....

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....ausing heavy tax burden on us. In the circumstances, referred to above, it is, therefore, prayed that the delay of 1024 days may kindly be condoned and we may kindly be given an opportunity of making submission before your honour to pray for justice." Even in the affidavit, the assessee has stated the following reasons for delay, which is reproduced below:- "1) That I am practicing as a Chartered Accountant for the past several years under the name & style of M/s. A.K. Tulsyan & Associates. 2) That I am a Tax Consultant of M/s. Murlidhar Ratanlal Exports Ltd., having its Registered Office at 15B,Hemanta Basu Sarani, Kolkata-700001, for the past several years. 3) That on the receipt of CIT(A)s order for Asst. Years 2002-03 & 2003-04, Mr....

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....to my knowledge. On perusal of the said order of Hon'ble ITAT, Special Bench, Mumbai and after consultation with the Senior Counsels at Kolkata, I realized my mistake about interpretation of the meaning of profit on sale of DEPB License. 8) That my mistake interpretation of law resulted in non-fiilng of the appeal by my client M/s. Murlidhar Ratanlal Exports Ltd., before the Hon'ble Tribunal for the Asst. Years 2002-03 & 2003-04. 9) That M/s. Murlidhar Ratanlal Exports Ltd., has no remedy available to it other than filing appeal before the Hon'ble ITAT with application for the Condonation of Delay in filing of the appeal. I accept my moral responsibility for whatever delay was there in filing appeal before the Hon'ble ITAT by M/s. Murlidh....

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....n'ble Delhi High Court has not condoned the delay of 517 days. 4. We have heard rival contentions and gone through facts and circumstances of the case. We find that the issue on condonation of delay is covered by the decision of Coordinate Bench in the case of M/s. A. V. Thomas Leather & Allied Products Pvt. Ltd. Vs. ACIT, ITA Nos. 450 to 454(Mds)/2012, for AYs 2000-01 to 2004-05 dated 03.01.2013 and on merits issue is identical in these appeals, wherein the Tribunal vide paras7, 8, 11 and 12 has held as under: "7. We heard both sides in detail. On going through the averments made by the assessee-company in the affidavit filed before us, we find that the assessee was not guilty of negligence or such attributes in not filing the appeals be....