SABINA MUYEENUDDIN,KANCHEEPURAM vs. INCOMETAX OFICER, CHENNAI
What did the Tribunal hold?
The Tribunal condoned the delay and restored the appeal to the CIT(A) for fresh adjudication. The assessee was directed to substantiate its case, adhering to the principles of natural justice.
What were the facts?
The assessee's appeal for AY 2013-14 was filed with a delay of 60 days. The assessee did not appear during the appellate proceedings before the CIT(A), leading to the confirmation of the assessment order.
What were the issues?
Whether the assessee should be granted another opportunity for hearing before the CIT(A) due to non-appearance and whether the delay in filing the appeal should be condoned.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, CHENNAI
Before: HON’BLE SHRI V. DURGA RAO, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2013-14 arises out of the first appellate order passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 16-02-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) r.w.s 147 of the Act on 22-03-2016.
The Registry has noted delay of 60 days in the appeal, the condonation of which has been sought by the assessee on the strength of affidavit of the assessee. The Ld. DR opposed the condonation of delay. However, keeping in view the period of delay and contents of the affidavit, we condone the delay and admit the appeal for adjudication on merits.
Upon perusal of para-2 of impugned order, it could be seen that the assessee did not appear during appellate proceedings which resulted into confirmation of assessment. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR.
Keeping in mind the principle of natural justice and accepting the prayer made by ld. AR, we deem it fit to provide another opportunity of hearing to the assessee. Accordingly, the appeal is restored back to the file of Ld. CIT(A) for fresh adjudication with a direction to the assessee to substantiate its case.
The appeal stand allowed for statistical purposes. Order pronounced on 25th July, 2023 Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) �ाियक सद!/JUDICIAL MEMBER लेखासद! / ACCOUNTANT MEMBER चे5ई Chennai; िदनांक Dated :25-07-2023 DS आदेशकीUितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. !"थ�/Respondent 3. आयकरआयु>/CIT 4. िवभागीय!ितिनिध/DR 5. गाडCफाईल/GF
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026
- J.M.Swamy vs. Government Of INDIAKarnataka · 17 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Acc LTD. vs. Secy.Industries Deptt.Orissa · 16 Oct 2026
- Kumaran Transports (Tuticorin) Private Limited vs. The Assistant Commissioner Madras · 16 Oct 2026