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| The Tax Publishers2020 TaxPub(DT) 1889 (Mum-Trib) INCOME TAX ACT, 1961
Section 250
Since assessee had neither explained the delay nor filed any documentary evidence or copy of application filed before CIT(A) in seeking condonation of delay. Thus, there was no justifiable reason in seeking the condonation of delay before CIT(A).
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Appeal CIT(A) - Condonation of delay filling - No case made out -
Assessee had earned exempt income. AO noted that assessee had not made any suo moto disallowance for earning exempt income. AO invoked the provision of rule 8D and disallowance consists of interest disallowance and indirect disallowance @ .5% of average value of investment. No first appeal was filed by assessee within period of limitation. Assessee filed appeal before CIT(A) and appeal was filed after 1927 days of prescribed period of limitation. However, explanation offered by assessee for condonation was not accepted by CIT(A). Held: Assessee had neither explained the delay nor filed any documentary evidence or copy of application filed before CIT(A) in seeking condonation of delay. Thus, there was no justifiable reason in seeking the condonation of delay before CIT(A). Assessee was aware about the disallowance under section 14A, which was not hesitated by him by filing appeal before first appellate authority.
REFERRED :
FAVOUR : Against the assessee
A.Y. : 2009-10
IN THE ITAT, MUMBAI BENCH
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