"5. The facts of the case and the grounds raised by the appellant have been
considered carefully. There is a substantial delay in the filing of appeal for
which no sufficient reason was given by the appellant. The appellant has
failed to justify the in ordinate delay in filing appeal. From the factual
position which emerges it appears that a conscious and considered decision
was taken by the assessee at the relevant point of time for not filing of appeal
against the impugned order. It is well-settled law that a distinction must be
I.T.A No. 610/Ahd/2025 A.Y. 2021-22 Page No 3
Shri Govind Guru University vs. DCIT
made between a case where the delay is inordinate and where the delay is of
few days only. The inordinate delay in the instant case clearly demonstrates
that this appeal was not prosecuted with due care.
"61. So from the aforesaid dictum of law laid by the Hon'ble High Court in the absence
of any incriminating material unearthed during first search on 29/05/2012, we have no
hesitations to hold that for A.Y. 2009-10, the AO could have only reiterated the
assessment intimated u/s. 143(1) of the Act, because the time for issuance of scrutiny
notice u/s. 143(2) expired on 30/09/2010 and the assessment for this relevant assessment
year, therefore, was not pending before the AO on the date of search on 29/05/2012 and,
therefore, is an unabated assessment. Therefore, as per the law laid down by the Hon 'ble
High Court, the AO could not have disturbed the assessment already existing without the
aid of incriminating materials seized during search on 29/05/2012 (first search).
Therefore, the order of the AO cannot be held to be erroneous order. Therefore, without
finding the order of the AO cannot be held to be erroneous order. Therefore, without
finding the order of the AO to be erroneous, the Ld. Principal C1T lacks jurisdiction to
usurp the revisional jurisdiction u/s. 263 of the Act.