1983 (5) TMI 63

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....ue to reasonable cause because the assessee was not at fault for the delay and there is a definite causes which has prompted the assessee now for preferring the present appeal. The assessee has been given the pinch of feeling for the first time of being aggrieved against the assessment on the receipt of next assessment order dated 27th March, 1982 for the assessment year 1977-78 in which the same materials which were the subject matter of addition in the assessment year 1976-77 have been revised by the department in the latter assessment. He amplified these written submissions made before the AAC for condonation of delay with the submissions that the material which was in the possession of the ITO in view of search and seizure conducted u/s....

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.... for the earlier year it would be nothing but an invitation to flood gates of litigation on the grounds which are not permitted by law. I am of the confirmed opinion that the failure of the assessee to challenge the assessment for the asst. yr. 1976-77 in time without any reasons has robbed the assessee of the right to make the appeal with a claim that the delay was due to reasonable cause. Therefore the AAC was fully justified in dismissing the appeal of the assessee for the asst. yr. 1976-77 in limine on the grounds that it was belated and there was no reasonable cause for the inordinate delay. 4. Now coming to the asst. yr. 1977-78 I find that having accepted the offer made by the assessee that a sum of Rs. 6,200 be taxed as income of....