M/s.Akshar Developers v. ITO, Ward-9(2), Ahmedabad
[Citation -2015-LL-0909-4]

Citation 2015-LL-0909-4
Appellant Name M/s.Akshar Developers
Respondent Name ITO, Ward-9(2), Ahmedabad
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 09/09/2015
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags application for condonation of delay
Bot Summary: The assessee was also apprised that the appeal is prima facie time barred by 850 days. The assessee has not filed copy of form no.35, the grounds of appeal before the CIT(A) and statement of facts in duplicate. Post pointing out the defects in appeal as well as fixation of appeal for hearing on 9.9.2015. The assessee has not filed any application for condonation of delay supported with the affidavit. We are of the view that the assessee is not interested in prosecuting his appeal. There is a huge delay of 850 days, and without any plausible explanation, we cannot condone the delay this appeal is dismissed being time barred. In the result, the appeal of the assessee is dismissed.


, B IN INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE-PRESIDENT AND SHRI RAJPAL YADAV, JUDICIAL MEMBER ./ ITA No.2575/Ahd/2012 /Assessment Year: 2007-2008 M/s.Akshar Developers ITO, Ward-9(2) Shreeji Bungalows Vs Ambawadi, Ahmedabad. Opp: Gujarat High Court S.G. Road, Ahmedabad 380 006. PAN: AAMFA 2118 B / (Appellant) / (Respondent) Assessee by : None Revenue by : Shri Narendra Singh, Sr.DR / Date of Hearing : 09/09/2015 / Date of Pronouncement: 09/09/2015 /O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: assessee is in appeal before us against order of ld.CIT(A)-XV dated 12.05.2010 passed for Asstt.Year 2007-08. 2. Solitary grievance of assessee is that ld.CIT(A) has erred in upholding disallowance of Rs.33,91,630/- which was made by AO with aid of section 40(a)(ia) of Act. This appeal was presented before Tribunal on 9.11.2012 and acknowledgement- cum-notice was issued to assessee appraising it date of hearing as 8.1.2013. assessee was also apprised that appeal is prima facie time barred by 850 days. assessee has not filed copy of form no.35, grounds of appeal before CIT(A) and statement of facts in duplicate. On 8.1.2013 no one appeared on behalf of assessee. ITA No.2575/Ahd/2012 2 hearing was adjourned sine die. Registry had served notice through Regd. post pointing out defects in appeal as well as fixation of appeal for hearing on 9.9.2015. assessee has not filed any application for condonation of delay supported with affidavit. It has not removed other defects in appeal. No one has come present on behalf of assessee. Therefore, we are of view that assessee is not interested in prosecuting his appeal. There is no application for condonation of delay. There is huge delay of 850 days, and without any plausible explanation, we cannot condone delay, therefore, this appeal is dismissed being time barred. 3. In result, appeal of assessee is dismissed. Order pronounced in Court on 9th September, 2015 at Ahmedabad. Sd/- Sd/- (G.D. AGRAWAL) (RAJPAL YADAV) VICE-PRESIDENT JUDICIAL MEMBER Ahmedabad; Dated 09/09/2015 /Copy of Order forwarded to : 1. / Appellant 2. / Respondent. 3. / Concerned CIT 4. ( ) / CIT(A) 5. , / DR, ITAT, 6. / Guard file. / BY ORDER, / (Dy./Asstt.Registrar) , / ITAT, Ahmedabad M/s.Akshar Developers v. ITO, Ward-9(2), Ahmedabad
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