TaxTMI 
TaxTMI 
TaxTMI 
2020 (2) TMI 166
X X X X Extracts X X X X
X X X X Extracts X X X X
....bruary, 2017 passed by the Income Tax Appellate Tribunal, Mumbai Bench "C", Mumbai (briefly "the Tribunal" hereinafter) in Income Tax Appeal No.3403/Mum/2014 for the assessment year 2001-02. 3. From the materials on record it is seen that the related Income Tax Appeal No.3403/Mum/ 2014 was filed by the appellant against order of the Commissioner of Income Tax (Appeals) dated 1st November, 2004. However, there was delay of 3389 days in filing the appeal for which appellant submitted application for condonation of delay. In support of the application for condonation of delay, appellant also filed an affidavit dated 31st October, 2015 and a further affidavit on 8th November, 2016. However, by the order dated 28th February, 2017 Tribunal decli....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nd that in this case there has been inordinate delay of about 10 years in filing the appeal. Firstly, the assessee had submitted that it was an inadvertent error. In another affidavit assessee had tried to submit that appeal papers were prepared but were not filed without any reason by the Chartered Accountant. The submission is not supported for its veracity or reasoning. Furthermore, there is no rationale in allowing a person to file an appeal after ten years simply because ten years ago also he had thought of filing the appeal. There can be many reasons why a person having thought of filing an appeal may decide not to pursue the matter. Hence, the contents of the second submission cannot be treated but as an afterthought." 9. We do not ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....roceed on the basis that the dispute is settled and arrange its affairs on that basis. Thus, if the aggrieved party has not moved the appellate forum within the prescribed time, resulting in other securing an accrued rights, then the party moving an application for condonation of delay, must endeavor to explain the delay and show his bonafide in not having moved within the time prescribed (i.e. not being diligent). The law assist the vigilant and not the indolent as stated in the Latin Maxim "Vigilantsbus etnon dormientibus jura subveniunt." The reasons for explaining the delay has to be plausible and reasonable so that the Court can exercise its discretion. Moreover, although a party is not be required to explain the reasons for not fili....