2020 (8) TMI 325

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....g COVID-19 pandemic condition the hearing of the appeal is concluded through video conference. 2. There is delay of 442 days in filing the present appeal the assessee has filed an application for condonation of delay. The ld. AR of the assessee has submitted that the assessee-university has been established under Rajasthan Technical University Act, 2006 by the Government of Rajasthan however, the assessee-university was incorporated w.e.f. 31.12.2005. She has further submitted that the assessee was illegible for exemption U/s 10(23C)(iiiab) of the Income Tax Act. But after notification by CBDT with reference to rule 2BBB dated 12.12.2014 and with reference to decision of Hon'ble Supreme Court in case of Visvesvaraya Technological Universit....

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....ee is nothing but luxury litigation. Even the assessee has not explained any reasonable cause for filing the appeal belatedly. 4. We have considered the rival submissions as well as relevant material on record. The assessee has explained the cause of delay as failure to realize the impact of the registration granted by the ld. CIT(E) prospectively instead of retrospective effect from 31.12.2005. The relevant part of the realization in the application for the delay as under:- "The delay in filing this appeal is for 1 year and 4 months is on account of non-realization of the impact of the period for which exemption u/s 12A has been given. The university seeks exemption u/s 12A w.e.f. 31.12.2005 i.e. its inception and hence this application....

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.... the impugned order dated 06.11.2017 granted registration w.e.f. 01.04.2017 as it is provided so U/s 12A/12AA of the Act. The power of the ld. CIT(E) U/s 12A/12AA of the Act is normally restricted to grant registration from 1st day of the financial year in which the application is made except in a case where he is satisfied for the reasons to be recorded in writing that the institution/person in receipt of the income was prevented from making the application before the expiry of one year from the date of creation of the trust or institution as the case may be. In the case in hand the assessee before the ld. CIT(E) has explained in filing of the application for registration in the year 2017 because of amendment in the provisions as well as j....

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....he impact of the impugned order. It is not the sole litigation with the tax authority but the assessee is continuously involved in the litigation as challenged the notice issued by the AO U/s 148 of the Act before the Hon'ble High Court and therefore, the assessee cannot take such excuse of non realizing the impact of the impugned order for such a long time of one and half year. The negligence on the part of the assessee for not taking necessary steps for filing the appeal within the limitation period provided by statute cannot be considered as a reasonable or sufficient cause. Even the assessee is very casual in explaining the reasons in the application of condonation of delay which is not supported by a affidavit. The cause explained by t....