TaxTMI 
TaxTMI 
2019 (5) TMI 683
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....17. 2. The assessee had moved an application under section 154 of the Income Tax Act, 1961 in the order of the ld.CIT(A) dated 7.2.2013 and this application has been dismissed by the ld.CIT(A). Against that order present appeal in ITA No.2084/Ahd/2017 is directed. 3. Registry has pointed that all appeals of the assessee are time barred by 1578 days except ITA No.2084/Ahd/2017. In order to explain delay, all the appellants have filed almost verbatim same application. For the facility of reference, we take up the application filed in the case of Shri Manish Kumarpal Shah, which reads as under: "From: Shri Manish kumarpal Shah Parakash Chemicals Agencies Mahajan Lane. Roapura, Vadodara. ....
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....me. Therefore, for the facility of reference, we take note of the affidavit of Shri Manish Kumarpal Shah, which reads as under: "Affidavit For Condonation Of delay in filing the Appeal No. ITA 2083/Ahd/2017 for Assessment year 2009-10 1. Manish Kumarpal Shah, Address: C/o. Trans Indiana Mfg. Co., Mahajan Lane, Raopura, Vadodara-390002 do solemnly affirm and state on oath as under: 1. That I preferred an Appeal before the Hon'ble Income Tax Appellate Tribunal, Ahmedabad Bench against the order passed by the Commissioner (Appeals)-lll, Baroda for Assessment year2009-10 vide Appeal No.CAB/llI/73/11-12 dated 07-02-2013. 2. The order was received by me on 25-03-2013 wherein learned Commissioner (Appeals) c....
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....of Rs. 1,00,08,163/- was ought to be added in the hands of co-owners. In other words, a capital gain of Rs. 11,12,018/- being 1/9th fallen to each assessee. When the AO confronted with the assessee as to why the sale consideration be not deemed to Rs. 1,54,08,163/- under section 50C, then the appellants herein have not raised any objection, though dissatisfied with the computation made by the AO they went in appeal before the ld.CIT(A). Since, there was no explanation nor any plea for challenging the stamp duty valuation, the ld.CIT(A) has confirmed the addition. I deem it appropriate to make a mention that if an assessee was not satisfied with the stamp duty valuation, then under section 50C(2) of the Act, he can challenge that valuation e....
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....Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction of this expression has fallen for consideration before Hon'ble High Court as well as before the Hon'ble Supreme Court, then, Hon'ble Court were unanimous in their conclusion that this expression is to be used liberally. I may make reference to the following observations of the Hon'ble Supreme court from the 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 m....
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....their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury. Law of limitation fixes a lifespan for such legal remedy for the redress of the legal injury so suffered. Time is precious and the wasted time would never revisit. During efflux of time newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a life span must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty 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 litig....
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....ation expenses. It would be a salutary guideline that when courts condone the delay due to laches on the part of the applicant the court shall compensate the opposite party for his loss." I do not deem it necessary to re-cite or recapitulate the proposition laid down in other decisions. It is suffice to say that the Hon'ble Courts are unanimous in their approach to propound that whenever the reasons assigned by an applicant for explaining the delay, then such reasons are to be construed with a justice oriented approach. 8. In the light of the above, if I examine the explanation given by the assessee for condonation of delay, then it would reveal that hardly there is any explanation. They have accepted the computation of capital gain b....