Prakash Ramachandra Prabhu v. ITO (2020) 79 ITR 27 (SN) ( Bang) (Trib)

S. 250 : Appeal – Commissioner (Appeals) – Delay of eight years – Misleading facts – Refusal to condone the delay is held to be justified [ S.249 , 254(1)

Tribunal held that there was a huge time gap between the different steps taken by the assessee and the delay during those periods had not been explained properly. The assessee mentioned in the return that the long- term capital gain was exempt. However, the same was not properly carried forward to the summary page of the return resulting in denial of exemption. The assessee had not properly handled the matter, resulting in delay in filing the appeal before the Commissioner (Appeals). Accordingly, the Commissioner (Appeals) was justified in refusing to condone the delay and dismissing the appeal on account of misleading the facts and not properly explain the delay in filing of appeal .   ( AY.2007-08)

Tribunal held that there was a huge time gap between the different steps taken by the assessee and the delay during those periods had not been explained properly. The assessee mentioned in the return that the long- term capital gain was exempt. However, the same was not properly carried forward to the summary page of the return resulting in denial of exemption. The assessee had not properly handled the matter, resulting in delay in filing the appeal before the Commissioner (Appeals). Accordingly, the Commissioner (Appeals) was justified in refusing to condone the delay and dismissing the appeal on account of misleading the facts and not properly explain the delay in filing of appeal .   ( AY.2007-08)