2024 (6) TMI 1395

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....ction u/s. 80P(2)(d). At the outset Ld. Council submitted that in so far as appeal for the assessment year 2013-14, i.e., 682/Mum/2024, assessee is withdrawing the appeal, because in pursuance of application filed u/s. 154 before the CPC, the disallowance u/s. 80P(2)(d) has been removed. Thus, assessee has no grievance. Accordingly, the appeal of the assessee in ITA 682/Mum/2024 for A.Y. 2013-14 is dismissed as withdrawn. 2. In so far as appeals for the assessment years 2012-13 & 2014-15, he submitted that the Ld. CIT(A) has dismissed the assessee's appeal on the ground that has been delay of nearly 10 years in the appeal for A.Y. 2012-13 and delay for nearly 8 years for A.Y. 2014-15. Thus appeals has been dismissed on the ground of dela....

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....le time, then assessee should have filed an appeal before the CIT(A) and therefore, CIT(A) has rightly rejected the appeal on the ground of this delay in filing the appeal. 7. We heard both the parties and also peruse the relevant material based on record. First of all the assessee has explained the reason for delat in filing of the first appeal before CIT(A) that ealier CA of the assessee had filed rectification application u/ 154 before the AO/CPC, then assessee was under bonafide belief that the adjustment would get rectified and even CA also did not advice the society to file an appeal when appliocation was disposed of for certain period. It is later on when demand notice was issued then assessee was advised to file an appeal. Thus, ....