M/s. Astec Lifesciences Ltd. Vs DCIT (ITAT Mumbai)
The assessee is well aware of the fact of its case and accordingly taken a conscious decision not to file appeal against the addition made by the AO on the basis of information received from DGIT (Inv) which suggests obtaining bogus purchase bills from hawala operators and this fact was further supported by the statement recorded from the Director of the company during the course of survey proceedings.
When the assessee has taken a conscious decision not to file appeal against the order passed by the AO, there is no valid reason to be considered by the learned CIT(A) to condone the delay in filing the appeal merely on the basis of self serving documents filed by the assessee, i.e. affidavits of two professionals.
No doubt, the appellate authority have inherent power to condone the delay in filing the appeal, provided the assessee who filed the appeal makes out a case of sufficient and reasonable ground for not filing the appeal within the time prescribed under the Act.
The courts have held that if the assessee explains the reasons for delay in filing the appeal, then merely for the technical reasons the appeal filed by the assessee cannot be rejected. At the same time, the courts have reiterated that each and every day of delay must be explained with reasons.
