TaxTMI 
TaxTMI 
2025 (7) TMI 2075
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....facture of rock aggregates and running a quarry. The return of income for AY 2015-16 was fled on 22.09.2015 declaring income of Rs. 2,54,10,720/-. Survey operations u/s. 133A of the Income Tax Act, 1961 (the Act) were carried out in the business premises of the appellant on 09.02.2016. During the course of survey proceedings, undisclosed sales were unearthed and additional income of Rs. 1,75,00,000/- was found. Subsequent to the survey the appellant revised the return of income at a total income of Rs. 4,29,10,720/- by disclosing additional income of Rs. 1,75,00,000/-. Against the said return of income, the assessment was completed by the by the ACIT, Circle-1, Thiruvalla (hereinafter called "the AO") vie order dated 30.12.2016 accepting th....
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.... M/s K. Varghese and Company, Kollam. However, the auditors withdrew from the assignment on 15.09.2018. Subsequently, the audits were carried out from the financial years 2017-18 by another firm of Chartered Accountants M/s Suresh & Issac, Ernakulam. The tax audit and other tax advisory services were also entrusted to them. This firm of auditors in turn, used to avail the services for one advocate on their behalf in the appeal proceedings. The engagement of advocate and the handing over of required documents and details was done by the auditors themselves. Though the order of Commissioner (Appeals) was received on 24.08.2022 the appellant was not aware that no action was initiated by the tax auditors who usually carried out the task of fili....
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....Mavi in WP(C) 17704/2024 dated 18.12.2024 has deprecated the practice of shifting the burden to the shoulders of the Counsel, the negligence in approaching the court. The relevant observation made by the Hon'ble High Court is as under: - "4. We also disapprove the unwholesome practice of seeking to explain away inordinate delay and laches on approaching the Court on the mere ground that the Counsel who had been dealing with, or entrusted, the matter, was tardy, negligent, or indolent. At times, this assertion is sought to be supported by an assertion that the litigant has approached the Bar Council concerned against the counsel. 5. We emphatically disapprove of this practice of shifting, to the shoulders of the Counsel....
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...."substantial justice" should not be employed to frustrate or jettison the substantial law of limitation. 14. We are constrained to observe that the High Court has exhibited complete absence of judicial conscience and restraints, which a judge is expected to maintain while adjudicating a lis between the parties. 15. The rules of limitation are not meant to destroy the rights of parties. They are meant to see that the parties do not resort to dilatory tactics but seek their remedy promptly. 16. The length of the delay is definitely a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not. From the tenor of the approach of the respondents herein, it ....