In a recent case before Delhi High Court the condonation of delay appeal filed by revenue was dismissed on grounds of unreasonable delay of 880 days in submitting the appeal. The Commissioner of Income Tax had filed an appeal against Anil Bhalla, the Respondent seeking condonation of delay of 860 days in re-filing the appeal. The revenue seeked to appeal the order dated 15.10.2020 passed by the learned Income Tax Appellate Tribunal (ITAT) with respect to the assessment year (AY) 2007-08. The assessee had filed its return of income for the AY 2007-08 on 13.09.2007. The counsel for assessee Adv.Aggarwal, submitted that return was picked for scrutiny and stated that an assessment order dated 31.08.2009 was passed under Section 143(3) of the Income Tax Act.

Get a Copy of Handbook To Income Tax Rules, Click here A search was conducted on the premises of the assessee on 16.01.2013. The assessee had filed its return of income on 07.10.2014 pursuant to the notice received under Section 153A , following the return, the Assessing Officer ( AO ) had framed an assessment order making an addition of Rs.8,46,11,456/- under Section 68 of the Act treating certain balances, as available in the books of accounts, as unexplained. The assessee preferred an appeal before the Commissioner of Income Tax (Appeals) (CITA) assailing the said addition.

The appeal was allowed deleting the addition made by AO and stated that the re-assessment could not be sustained. Aggrieved by CITA’s decision , the Revenue filed an appeal before ITAT, subsequent to which ITAT upheld the decision of CIT(A). Get a Copy of Handbook To Income Tax Rules, Click here The division bench of Justice Vibhu Bakhru and Justice Swarana Kant Sharma observed that the appeal lacked substantial question of law. The appeal was dismissed on the ground of limitation.