IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD Before Shri S.S. Godara, JM, & Shri Manish Borad, AM. ITA No. 1474/Ahd/2011 Asst. Year: 1996-97 Bipinchandra R. Desai, Vs. CIT, Valsad. Kachigam Road, Daman, U.T. of Daman & Diu Appellant Respondent PAN ACEPD 4352J Appellant by Shri M. K.. Patel, AR Respondent by Smt. Vibha Bhalla, CIT, DR Date of hearing: 19/9/2016 Date of pronouncement: 30/9/2016 ORDER PER Manish Borad, Accountant Member. This appeal of assessee is directed against order of ld. CIT, Surat dated 5/2/2001 for Asst. Year 1996-97. 2. This appeal is time barred by 3,700 days. Application for condonation of delay in filing of this appeal against order u/s 263 of IT Act, 1961 (in short Act) is placed on record along with affidavit dated 25.4.2011. ITA No. 1474/Ahd/2011 2 Asst. Year 1996-97 3. Referring to this application for condonation of delay ld. AR submitted as under :- 01. appellant had filed its return of income for A.Y. 1996-1997 on 26.02.1997 declaring total income at Rs. 1,28,3107- and assessment was completed by Learned Assessing Officer U/s. 143(3) vide order dated 19.03.1999. 02. then Learned Commissioner of Income Tax, Surat issued notice U/s. 263 of Act for revising assessment in respect of cash credit amounting to Rs. 10 Lacs. 03. then Learned Commissioner of Income Tax, Surat sought details of credit entry by DD No. 000663 dated 04.04.1995. 04. appellant on basis of genuine belief that DD mentioned in paragraph 3 above is issued to him by Smt. Gita Dolakia and Shri Manish Dolakia as alleged by department, merely to co-operate with department offered same for tax. 05. then Learned Commissioner of Income Tax, Surat revised assessment by adding said Rs. 10 Lacs purported to be received as Banker's Cheque from Smt. Gita Dolakia and Shri Manish Dolakia. 06. Meanwhile Learned Assessing Officer finalized assessment for A.Y. 1995-1996 vide order dated 18.03.2002. 07. During course of assessment proceedings for A.Y. 1995-1996 Learned Assessing Officer vide letter dated 26.02.2002 obtained information from bank that impugned Banker's Cheque No. 000663 dated 04.04.1995 was never issued. 08. On receipt of such information appellant filed application U/s. 154 before Learned Commissioner of Income Tax, Valsad and pleaded for rectifying order U/s. 263 on ground that DD for Rs. 10 Lacs purported to have been credited in books has never been received by appellant and hence even though same was offered for tax it needs to be rectified on account of apparent mistake in fact presented by department leading to admission of income as above. 09. Learned Commissioner of Income Tax, Valsad vide order U/s. 154 dated 10.09.2007 rejected application U/s. 154 of Act and on aggrieved by action of Learned Commissioner of Income Tax, Valsad appellant had filed appeal before this honorable Tribunal. 10. This Honorable Tribunal In ITA No. 4047/Ahd/2007 dismissed appeal on ground that order passed on basis of admitted facts available on ITA No. 1474/Ahd/2011 3 Asst. Year 1996-97 records at time of passing order, which is claimed incorrect, is not amenable to rectification u/s 154 of Act. 11. Now appellant is in appeal before this honorable Tribunal on aggrieved by action of learned Commissioner of Income-tax, Surat passing order u/s 263 of Act. 4. On basis of above submissions, ld. AR requested for condonation of delay of 3,700 days. 5. On other hand, ld. DR strongly opposed to this request. 6. We have heard both parties. We find that this appeal is time barred by 3,700 days and assessee has not been able to give any plausible reason which can prove his bona fideness or any reasonable cause which stopped assessee from filing appeal. More particularly when assessee lost in appeal before Tribunal in ITA No.4047/Ahd/2007 against order u/s 154 of Act dated 10.09.2007 even then assessee has not taken any initiative to file appeal. In these facts and circumstances of case, we are of view that assessee has not taken up issue of filing appeal seriously. Therefore, we are unable to condone delay in filing of this appeal. appeal of assessee is dismissed being time barred. ITA No. 1474/Ahd/2011 4 Asst. Year 1996-97 7. In result, appeal of assessee is dismissed. Order pronounced in open Court on 30th September, 2016 Sd/- sd/- (S.S. Godara) (Manish Borad) Judicial Member Accountant Member Dated 30/9/2016 Mahata/- Copy of order forwarded to: 1. Appellant 2. Respondent 3. CIT concerned 4. CIT(A) concerned 5. DR, ITAT, Ahmedabad 6. Guard File BY ORDER Asst. Registrar, ITAT, Ahmedabad 1. Date of dictation: 29/9/2016 2. Date on which typed draft is placed before Dictating Member: 29/9/2016 other Member: 3. Date on which approved draft comes to Sr. P. S./P.S.: 4. Date on which fair order is placed before Dictating Member for pronouncement: __________ 5. Date on which fair order comes back to Sr. P.S./P.S.: 6. Date on which file goes to Bench Clerk: 30/9/16 7. Date on which file goes to Head Clerk: 8. date on which file goes to Assistant Registrar for signature on order: 9. Date of Despatch of Order: Bipinchandra R. Desai v. CIT, Valsad