2020 (5) TMI 42

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....s not admitted the appeal because of delay in filing the appeal and the delay is not condoned. 3. The Brief facts of the case are that the assessee is engaged in the manufacture of control valves and filed the Return of Income on 29.09.2009 with total income of (-) Rs. 7,36,89,967. Subsequently, the case was selected for scrutiny and Notice under Section 143(2) and 142(1) of the Act along with questionnaire were issued. The Assessing Officer found that the assessee has Transfer Pricing Adjustments and also made disallowance of interest on delayed payment of TDS/TCS under the head Misc. expenses, tools writtenoff and assessed the total income of (-) Rs. 3,83,70,245 and passed the order under Section 143(3) r.w.s. 144C (13) of the Act. , Sub....

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..... 5. We heard the rival submissions and perused the material on record. The learned Authorized Representative made submissions on condonation of delay. We found the CIT(Appeals) has not condoned the delay as no sufficient cause was explained. Whereas The LdAr submitted the letter dt 1-7-2019 from TPO in respect of dispatch of orders. We are of the opinion, that the litigant will not gain by delaying the process of filing of appeal. We found the CIT (Appeals) has not condoned the delay of 272 days in filling the appeal as there is no sufficient and reasonable cause explained by the assessee. We rely on the decision of the Hon'ble Apex Court in the case of Collector Land Acquisition Vs. MST Katiji & others (167 ITR 471) (SC) and observa....