TaxTMI 
TaxTMI 
2026 (7) TMI 1086
X X X X Extracts X X X X
X X X X Extracts X X X X
....application has been filed vide affidavit of Shri Jaykumar Bharatbhai Patel dated 08.04.2026. A copy of General Power of Attorney (in short GPA) issued by the assessee in favour of Shri Jaykumar Bharatbhai Patel has also been brought on record. It is found that the GPA was executed by the assessee on 24th June, 2024 at Chase Branch Findlay, Ohio, USA, but the same was notarized by a Government Notary on 30.08.2024 in India. An Indian Notary appointed under the Notaries Act 1952, can notarize only: i. Documents executed before him in India, ii. Copies of signatures personally verified by him. In the present case, the signature of the assessee Shri Saileshbhai Narsinbhai Patel appended on the GPA on 24.06.2024 in USA, could not have been verified by the Govt. Notary in India. The Notary had only verified the signature of Shri Jaykumar Bharatbhai Patel and not the signature of Grantor of POA, Shri Saileshbhai Narsinbhai Patel. Since the GPA was executed by the Grantor in USA for use in India, it should have been executed i. Before a Notary Public in the USA or ii. Executed before a Consulate Office of an Indian Embassy / Consulate in the USA. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....imatnagar, Dist. Sabarkantha, as his Power of Attorney Holder vide General Power of Attorney executed on 19th February, 2022, duly notarised before the Notary, Govt. of India, Ahmedabad and registered before the Sub-Registrar. Paldi Ahmedabad, for the purpose of managing and administering all legal and related matters pertaining to the Appellant's properties and proceedings. 5. That the Appellant had entrusted all legal matters, including the income tax proceedings, to Shri Bhogilal Kodarbhai Patel as his Power of Attorney Holder, with full and bonafide belief that the said Power of Attorney Holder would take all necessary steps to protect the Appellant's interests, including filing the appropriate appeal against the order of the Ld. CIT(A) within the prescribed time. 6. That the Appellant was residing in the USA and was not in a position to monitor the status of legal proceedings in India directly. The Appellant was under a bonafide and genuine belief that Shri Bhogilal Kodarbhai Patel, his trusted Power of Attorney Holder, was looking into the matter and had taken, or would timely take, the necessary steps to file the appeal before this Hon'ble Tribu....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... failed to take any steps to file the appeal and, unfortunately, expired on 13.06.2024 before any action could be taken. (d) The Deponent came to know of the default only upon receiving information about the recovery of outstanding demand, after which immediate steps were taken to engage a tax professional and file the present appeal. 12. That if the delay is not condoned, the Appellant will suffer irreparable loss and injury, as a substantial and unjust demand of Rs 2,86,79,970/ will be sought to be recovered from him despite there being strong legal grounds warranting deletion of the impugned additions On the other hand, if the delay is condoned, the Respondent will not suffer any prejudice or inconvenience whatsoever. 13. That on the merits of the case, the Appellant has a strong prima facie case and there are reasonable chances of success, inasmuch as the impugned additions relate to rural agricultural lands which are exempt from capital gains tax under Section 2(14)(m) of the Income Tax Act, 1961, read with Notification No. 9447 dated 06.01.1994, and. deduction under Section 54B has been wrongly denied without ahy inquiry into the fulfilment of the r....
X X X X Extracts X X X X
X X X X Extracts X X X X
....disallowed the claim for deduction u/s. 54B of the act. Further, the cash payments made for purchase of new land was also held as unexplained investment of the assessee. Aggrieved with the order of the AO, the assessee had filed an appeal before the Ld. CIT(A) well within the due date. However, there was no compliance before the Ld. CIT(A) in spite of six opportunities provided by him. Therefore, the Ld. CIT(A) had upheld the order of the Assessing Officer. It is thus found that the assessee neither attended the proceeding before the AO nor before the Ld. CIT(A). The assessee had himself filed the appeal before the Ld. CIT(A), yet no compliance was made on any occasion in spite of numerous opportunities. Thereafter, the present appeal has been filed with a delay of 2376 days. 5. It is settled position of law that delay occurred in filing the appeal should be considered liberally. At the same time, it is also settled law that every case is required to be considered on the basis of facts and circumstances of the case. The Hon'ble Supreme Court in the case of Esha Bhattacharjee v. Managing Committee of Raghunathpur [2013] (5 CTC 547), while dealing with the issue on the delay of se....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... mind that no one gets away with fraud, misrepresentation or interpolation by taking recourse to the technicalities of law of limitation. (xii) The entire gamut of facts are to be carefully scrutinized and the approach should be based on the paradigm of judicial discretion which is founded on objective reasoning and not on individual perception. (xiii) The State or a public body or an entity representing a collective cause should be given some acceptable latitude. [Emphasis supplied.] 8. In the present case, the inordinate delay of 2376 days calls for a strict approach and the principles or guidelines given by the Supreme Court in the above-said decision on the conduct that cannot be favourably considered, are clearly attracted to the facts of the present case. The Hon'ble Court had further observed that increasing tendency to perceive delay as a non- serious matter requires to be curbed. In the present case, we find that the assessee was lackadaisical in its approach and it had tried to seek condonation of delay in a nonchalant manner. The delay has been explained by the assessee due to inaction on the part of one Shri Bhogilal Kodarbhai Patel, a clos....