The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT)has refused to condone the delay in filing the appeal by the State Bank of India (SBI) due to the change of Branch manager being not a valid ground.
The appellant, State Bank of India contended that there was sufficient cause for the delay in filing an appeal within the stipulated time, which was informed to the concerned authorities. Further contended that the CIT(A) order was received by an officer who was transferred later, and it was the duty of the next officer who would be in charge. This leads to the delay in filing an appeal within the due date.
In contra, the department contended that the assessee failed to provide complete details in the appeal and the reason explained by the assessee in the condonation petition was too general since SBI was a leading bank which was well aware of the rules and regulations. The reasons stated in the Affidavit are vague and are not covered by the sec. 273B of the Act
It was observed that the appeal filed by the assessee was beyond the due date as prescribed in the provision even after excluding the COVID period. Further observed that the assessee cannot expect to entertain their appeal because they are after all the bank, notwithstanding the fact that the delay was not sufficiently explained.
The Coram while dismissing all the appeals filed by the assessee held that the assessee will not get the benefit of sec.273B of the Act.
Shri Ragavendra Chakravarthy appeared for the assessee and Shri Narayana K.R for the revenue.
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