2016 (7) TMI 1541

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....there is a delay in filing the appeal before ITAT, Cochin Bench by 1964 days. To this effect, the assessee-Trust has filed an affidavit mainly stating that the delay was caused in view of professional advise for approaching the Ld. CIT afresh for granting registration u/s. 12AA, i.e., the assessee was under the bona fide belief that the entire income is exempt under the provisions of the Income Tax Act. In a nutshell, the delay in filing the appeal was stated in the affidavit to be not deliberate but due to circumstances emerged from the legal complexities in understanding the relevant procedure envisaged in the Act by the professionals of the assessee. The assessee realized the importance of filing of the appeal only on the rejection of th....

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....filed late because of the professional advise given by the professionals and in understanding the legal complexities of the Income Tax Act. It was also stated that the assessee was under the bona fide belief that the entire income is exempt under the provisions of the Income Tax Act and the importance of filing of the appeal was realized only on the rejection of the plea for registration, even though the assessee was filing the return of income. 5. At the outset, the understanding of the legal complexities by the professionals itself is not a sufficient or reasonable cause for not filing the appeal late by a long period of 1964 days. Such an inordinate delay of 1964 days has to be satisfactorily explained which has not been done so in th....

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....be a reason convincing to the Tribunal to condone the delay. The Courts have already held that the delay has to be explained properly and there should be sufficient cause which prevented the assessee from filing the appeal. The reasonable and sufficient cause are absent, except flimsy grounds urged in the petition for condonation of delay which is not sufficient for condonation of delay. Under the above circumstances, we are unable to accept the prayer of the ld. Chartered Accountant for the assessee for condonation of delay of 445 in filing the appeal before the Tribunal. Hence, the appeal is not admitted and is rejected." The said decision of the ITAT, Cochin Bench in the case of Kerala Cricket Association (supra) has been confirmed by....