Iapld/14/2019 Of M/S Bonanza Foods Private Ltd v. Principal Commissioner Of Income Tax

Court No. - 3 Case :- INCOME TAX APPEAL DEFECTIVE No. - 14 of 2019 Appellant :- M/S Bonanza Foods Private Ltd.Respondent :- Principal Commissioner Of Income TaxCounsel for Appellant :- VishwjitCounsel for Respondent :- S.S.C.,Gaurav Mahajan Hon'ble Naheed Ara Moonis,J.Hon'ble Saumitra Dayal Singh,J. Order on delay condonation application Heard Sri Vishwjit, learned counsel for the assessee andSri Gaurav Mahajan, learned counsel for the revenue. Present appeal has been filed by the assessee againstthe order dated 31.01.2008 passed by Income TaxAppellate Tribunal, E-Bench, New Delhi in ITANo.1769/DEL/2003 for the Assessment Year 1990-1991.At present, delay condonation application has been filedseeking condonation of delay of 3889 days in filing theappeal. Counter affidavit had been called for. No counter affidavithas been filed to the delay condonation application. Admittedly, the appeal has been filed with long delay. Theassessee has sought to explain the delay by stating thatthe order of the Tribunal dated 31.01.2008 was served iton 28th March, 2008, however it chose not to file anappeal at that stage because there was no revenueimpact and no demand to tax had been raised as theresult of the order of the tribunal. At present, in the penalty proceeding for the A.Y. 1990-91,in an appeal arising from an order passed under Section 271(1)(c) of Income Tax Act, 1961, the Tribunal has partlyallowed the assessee's appeal vide the order dated05.10.2018. Clear position emerges when the Tribunal rejected theassessee's appeal vide the order dated 31.01.2008, theassessee's other appeal arising from the penaltyproceeding was pending before the Tribunal inasmuch asthe order of the Commissioner, Income Tax (Appeal) isdated 11.10.2006. Thus, it is not the case of the assessee that subsequentto 31.01.2008 any cause arose by way of a fresh penaltyproceeding as may have prompted the assessee to nowchallenge the order of the Tribunal with a delay of morethan 10 years. In absence of any bonafide reason shown, theexplanation is wholly inadequate or insufficient. Accordingly, the delay condonation application is rejected. Order on appeal Consequent to the delay condonation application beingrejected, the appeal stands dismissed. Order Date :- 6.9.2021A.Kr.