2023 (9) TMI 222
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....2018, dated 17.08.2022 for the Assessment Year 2005-06. Vide impugned order, dated 17.08.2022, the Tribunal dismissed the appeal filed by the petitioner by observing that there is no sufficient cause made out by the assessee to condone the delay and the reasons stated for the delay are not at all relevant in so far as the appeal challenging the order dated 14.08.2013 is concerned and dismissed the appeal without going through the merits of the appeal. 2. We have heard the learned counsel Sri A.V. Raghuram Murthy for the appellant and the learned senior standing counsel for the respondent. 3. The brief facts leading to filing of present appeal are as under: 4. The appellant is a Co-operative Society, registered under Mutually Aided Co-ope....
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....o-operative society engaged in the business of banking or of a co-operative society providing credit facilities to its members. 6. The Appellate Commissioner vide his order dated 27.01.2010 did not accept the contentions of appellant with respect to the claim of NPA deduction u/s. 80P of the Act and also validity of issuance of notice u/s. 148 of the Act and dismissed the appeal. 7. Aggrieved by the same, the appellant filed appeal before the Income Tax Appellate Tribunal (ITAT) and the ITAT vide its order dated 26.11.2013 quashed the order of the Appellate Commissioner and allowed the appeal on the issue of validity of issuance of notice u/s. 148 of the Act. Aggrieved by the same, the Deputy Commissioner of Income Tax (DCIT) filed appeal....
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.....2017 under section 154 of the Act by rectifying the consequential order, dated 14.02.2014, by determining the total income at Rs. 13,14,33,731/- and tax at Rs. 6,26,60,765/-. 10. After it came to know about the order passed under Section 154 of the Act on 07.11.2017 and after seeking advice of the Commissioner of Co-operative Societies and Tax Consultant, the appellant filed Appeal before the Appellate Tribunal on 11.01.2018 against the order of Appellate Commissioner dated 14.08.2013 with a delay application. The Appellate Tribunal, vide its order dated 17.08.2022 in ITA No. 101/Hyd/2018, dismissed the appeal on the ground of delay in filing the appeal. Aggrieved by the above said order, dated 17.08.2022, appellant filed the present appe....
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....er dated 17.03.2017 to Assessing Officer requesting to clarify as to how there was a demand for Assessment Year 2005-06 when as per the order, dated 17.02.2014 the demand was ''NIL'. 13. The learned counsel for the appellant further submits that it appears that the Assessing Officer addressed a letter dated 15.03.2017, but the same was not available in the records of appellant. When the official liquidator appeared before the Assessing Officer on 07.11.2017 in connection with notices for Assessment Years 2014-15 and 2015-16, it came to light from the records of Assessing Officer that in fact, a letter was addressed on 15.03.2017 and was served in the appellant office on 14.07.2017. Thereafter, the official liquidator had obtained legal adv....
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....e part of appellant and further, no case is made out for condonation of delay and thus prayed for dismissal of the appeal. Consideration: 16. It is an admitted fact that the license of appellant was cancelled by the RBI on 14.02.2014 and the appellant was under liquidation and is being operated by official liquidator and is responsible for administrative and other activities concerning the appellant bank. The averments made in the affidavit that the official liquidator did not notice the letter dated 15.03.2017 addressed by Assessing Officer and that due to lack of knowledge of income tax proceedings, the appeal could not be filed and thus, a delay of 1529 days occurred in preferring the appeal, does not inspire the confidence of this Ben....