Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA
Before: Shri Sanjay Garg
आदेश / ORDER The present appeal has been preferred by the assessee against the order dated 30.11.2022 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. At the outset, the ld. Counsel for the assessee has invited my attention to the impugned order of the CIT(A) to submit that the ld. CIT(A) has dismissed the appeal of the assessee in limine holding that the same was time-barred. The ld. Counsel has further invited my attention to the relevant paras of the impugned order of the CIT(A) to submit that an application for condonation of delay of 132 days was Assessment Year: 2016-17 Ahmed Saifuddin filed before the CIT(A) pleading that due to heart ailment the assessee could not prefer the appeal in time. However, the ld. CIT(A) did not accept the above plea as sufficient cause for condonation of delay.
3. Having heard both the parties and having gone through the record, I note that the appeal before the CIT(A) was time barred however, the assessee has given reasonable cause that he was suffering from heart ailment, therefore, he could not prefer the appeal in time and that the delay was not intentional but due to aforesaid circumstances. In my view, the interest of justice will be well-served if the appeal is heard by the CIT(A) on merits. Considering the overall facts and circumstances, the delay in filing the appeal before the CIT(A) is hereby condoned and the matter is restored to the file of the CIT(A) to decide the appeal of the assessee afresh on merits accordingly. Needless to say that the CIT(A) will give proper opportunity to the assessee to present his case.
In the result, the appeal of the assessee is treated as allowed for statistical purposes.
Kolkata, the 16th March, 2023. Sd/- [संजय गग� /Sanjay Garg] �या�यक सद�य/Judicial Member Dated: 16.03.2023. RS Copy of the order forwarded to: 1. Ahmed Saifuddin 2. ITO, Ward-32(4), Kolkata Assessment Year: 2016-17 Ahmed Saifuddin
CIT (A)- 4. CIT- , 5. CIT(DR),